FERS Medical Retirement: The Better Fallacy

We can always wait for better; that tomorrow will bring a resolution to the problem, or maybe even the day after.  In doing so, we look for the signs of better; of a subtle improvement here, an incalculable, immeasurable but justifying quantification there; and, of course, procrastination becomes the favored cousin in the private, insular world of the better fallacy.

Can an objective criteria be applied?  Will Popper’s Falsification Test bring out an objective assessment, or will we continue to delay and delay where the better fallacy can convolute our thoughts and delay the necessary judgment for making a decision?

The truth is, the wisdom of the ages betrays the better, and the fallacy we are fooled by always denies the historical truth: Things always get worse.  But look at history, you are wont to argue — of centuries of toil and despair, of Leviathan’s description of solitary, poor, nasty, brutish and short; but of modernity, where so many diseases have been vanquished and poverty incomparably mitigated by contrast.  Perhaps.  But the Better Fallacy still prevails.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition where 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, never wait for “better” to become fulfilled, lest the better fails to achieve what the replacement should be considered — preparing, formulating and filing an effective Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management.

For, like perfection’s harm, the wait for better will often lead to a bitter result, where the dreams of better are merely a mirage better left to nighttime’s despair of terrifying nightmares.

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 Application: Arguments

Should you preemptively argue an issue even when it has not yet been brought to the fore?  Is it better to raise the proverbial “red flag” at the outset, or take the chance that no one will notice the “elephant in the room” (another metaphorical reference) and hope that the potentially problematic concern will be overlooked?

It depends (yes, yes, what a lawyerly response, as expected, from a lawyer).  Art and legal argumentation are part and parcel of what it means to “practice law”.  For, law is not science; it is not always the precision of the word-games which wins the courtroom battle, but rather, the strategic focus placed along with the when and where.

For Federal employees and U.S. Postal workers who suffer from a medical condition which necessitates filing for Federal Disability Retirement benefits under FERS, it is always important to remember which arguments should be primary, which secondary, and what extraneous issues should be left out of the initial application process.

Will the issue come up later?  Maybe.  But as with Shakespeare’s Queen Gertrude’s response to the over-reaction from another character, “The lady doth protest too much, methinks” — it is generally best to leave the sleeping dog alone (yes, another lawyerly, in-artful metaphorical reference — or, is it an analogy?), and deal with slumber of red flags left for another day.

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 Disability Retirement: The Importance of Sequence

When and how do we learn that sequence is important?  Step B must follow A, and C comes after B, etc.  What happens if you perform B after C, and C before A?  It all depends, doesn’t it?

If random performance of a task has no impact upon the ultimate outcome, then such arbitrariness of selecting any given point in a sequence of events or assigned tasks is acceptable and workable.  It is when sequence matters — of the necessity of performing a specific task within a sequence of tasks — that one must first recognize why there is an underlying importance and significance in the final submission or conclusion of a project, task, etc.

For Federal and Postal employees who are contemplating formulating and submitting a Federal Disability Retirement application, sequence is important.  How one formulates the case — the legal arguments to be submitted, the medical documentation to be gathered, reviewed and coordinated; the Applicant’s Statement of Disability — of the “when” — are all important in formulating an effective Federal Disability Retirement application.

Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and recognize, understand and implement the importance of sequence in preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement under FERS: The Pressure Cooker

As a practical device, it retains nutrients and cooks various foods faster because of the intensity of the heat, thereby quickly forcing nutrients out into the cauldron of mixed vegetables, all the while tenderizing the tough meat.  As a metaphor, it represents a symbol of the human condition: Stolid on the outside, reaching uncontrollable and explosive currents beneath the surface.

Other metaphors often accompany the picture of the pressure cooker: The “walking time bomb”; the “short fuse”; the “screaming boss” and the “fragile psyche” — these and many more describe the state of modernity’s human condition.  And the picture of the final straw that breaks the camel’s back — of the slow, subtle, incremental and progressively destructive forces which cumulatively burden the back of the beast until the final straw breaks it under the weight of stresses no longer bearable.

Life is difficult; and when a medical condition adds upon the pile of troubles we burden ourselves with, the image of the pressure cooker comes to the fore.  The chores that we leave undone; the work that demands; the relationships which wither; the time that is irredeemably lost; these, and many more, fall into the mixture of the pressure cooker that has no more nutrients to offer.

For Federal employees and U.S. Postal Workers who suffer from a medical condition such that the medical condition has added to the pressure cooker of life’s travails, it may be time to contact a FERS Disability Attorney to consider representation for filing an effective Federal Disability Retirement application.  The pressure cooker is meant to serve, not to destroy; but if the pressure building gets to a certain level beyond the danger point, it is well past the time to consider filing a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Keeping it all together

It is hard enough to keep things together without those “extras” impeding, interrupting and infringing upon one’s time.  Then, when that proverbial “straw that broke the camel’s back” is placed before us, a sense of doom and gloom (another trite, overused and ineffective phrase that is applied as a euphemism to conceal the crisis-point of our existence) pervades and blankets, like the undisturbed blanket of snow covering the desolate fields of an abandoned farm.

We say to ourselves, “Well, if I can make it to the weekend, I will be able to rest and recuperate” — unless, of course, it is Monday morning, or even Tuesday, and the “weekend” seems like an eternity away.

This is a stressful world.  The very busy-ness of life; of the daily demands placed upon the psyche — even of those stresses we don’t even notice, of impinging and daily overload of factors whirling about us; traffic; news; information from emails and other Internet demands; and then there is the question as to how many other people around us, unknown to us, are barely themselves “keeping it all together”.

We live lives of pressure-cookers; whether the top explodes or not is barely a matter of thin lines and close calls.  Then, when a medical condition intervenes, it is as if the excuse to keeping it all together disappears — precisely because the very foundations for the reason to continue as always have all of a sudden disappeared.  Medical conditions shake the foundation of one’s existence: What is this all about? Why am I killing myself doing this, when the stress of this life merely exacerbates the destructive force of the medical condition itself?

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 ability of “keeping it all together” often falls apart when it finally becomes apparent that the price one must pay just to maintain a facade and semblance of “keeping it all together” is too high.

Filing for Federal Disability Retirement benefits is an option to consider. Consult with a FERS Attorney to discuss the viability of your case, and then take the advice into consideration in the ongoing effort of keeping it all together.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The Bridge to Nowhere

It is a metaphor which evokes images of hopelessness and futility, if such images can indeed be captured at all.  Whether of an attitude, a perspective or the existential reality of one’s personal circumstances, the question is, Why was the bridge to nowhere built to begin with?  There it stands, in mid-construction, suspended but unfinished, not leading to anywhere, not going in any particular direction, not coming from any place known.

It is often how we feel in the middle of our lives.  One has only to sit in a cafe, by a window, and watch the midday rush of people coming and going, seemingly with purpose, appearing with decisiveness, until you catch the gaze of someone passing — a knowing look, a pause, a hesitation; and at that moment of illumination, the stranger and you both know that the constant, ant-like activity is merely a whirl of coming and going upon a bridge to nowhere.

The furious pace of life; of rushing to get to work, working, then rushing to get home within a factory of people uncaring and unaware.  Then, when calamity hits — a medical condition that interrupts, intercedes and imposes its existence upon you — suddenly the routine of ferocious activity finds meaning in the very meaninglessness felt the moment before.

For Federal employees and U.S. Postal workers who can no longer perform one or more of the essential elements of one’s Federal job because of a medical condition, the sense that one is driving upon a bridge to nowhere is common and troubling.  Of course one’s health should be a priority; and of course work, the “mission” of the Federal agency and the harassment that is initiated without empathy or understanding — all of that stuff should be secondary and subordinated to taking care of one’s health.

Filing for FERS Disability Retirement benefits is the recognition that the bridge to nowhere will not take you anywhere, and it is in order to regain that insight of meaningfulness that it is important to prepare, formulate and file an effective Federal Disability Retirement application in order to focus upon the importance of priorities shoved aside — like one’s health.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: The Pace of Life

Although we try and control it, it defies such control; and the best that can be accomplished is a paltry attempt at managing it.

Whether with the five minutes to feel the warmth of a steaming cup of coffee, a fifteen minute meditative stance of inner quietude, or a 2 mile run with earphones on to become lost in the rhythmic monotony of jogging within the insular world of a musical beat; despite it all, the pace of life quickens, and we feel that there is nothing that can be done about it.

Life is stressful.  Giving lip-service to the fact of its pace somehow seems to help in overcoming it; or, at the very least, in disarming the ravages of their impact.  What little things we do; from taking a deep breath to isolating ourselves into depressurized tanks of meditative quietude — is palliative at best and self-delusional at worst.

Then, when a medical condition or other interruptive nuisance of life further adds to the already over-burdened pace of life, we often wonder whether we can even “handle it all”.  But what choices are we left with?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to split the seams of sanity, preparing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management under FERS, is often the answer to the unanswerable question: What will lessen this unbearable pace of life?

To dissect the various elements and tentacles that wrap themselves around and strangle, then to bit by bit dislodge and separate, then get rid of — like the process of cleaning out a basement or an attic that has accumulated the junk of unnecessary hoarding.

The pace of life will always be a burden; filing for Federal Disability Retirement under FERS is a step towards lessening the burden for the Federal or Postal employee suffering from a medical condition, such that when the peripheral and surrounding stresses are unpacked, the central focus of attending to your medical conditions becomes the singular pace of life’s embrace.

Sincerely,

Robert R. McGill
Federal Disability Attorney

 

FERS Medical Retirement: Meeting the basic requirements

As with any endeavor, meeting the basic requirements is the minimum standard.  For Federal employees and U.S. Postal workers who are considering filing a Federal Disability Retirement application, it is important to understand the basic eligibility requirements in order to qualify for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Here are a few: The minimum Federal Service requirement (18 months); of having a medical condition during the tenure of one’s Federal Service that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position; and an inability by the agency to provide reasonable accommodations or reassignment; and some further factors to be considered, as well.

Beyond the basic requirements, of course, are the technical issues that have developed over many years and decades, primarily through statutory interpretation as expounded in court cases and decisions handed down by the U.S. Merit Systems Protection Board and the Federal Circuit Court of Appeals.  There are, moreover, legal refinements and interpretations that go beyond the “basics”, and while meeting the basic requirements is an important start, it is critical to understand the technical legal refinements which have evolved over the years. “Always start with the basic requirements; and from there, consult with an expert for further details.”

Such is the sage advice often given before involving oneself in a complex process, and Federal Disability Retirement Law is one such administrative endeavor that should take such counsel into account.

Start with meeting the basic requirements — of the minimum 18 months of Federal Service; of having a medical condition such that the Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job; and from there, seek the advice and counsel of an attorney who specializes in Federal Disability Retirement Law — another “basic requirement” in preparing, formulating and filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire 
OPM Disability Retirement Attorney

 

Medical Retirement under FERS & CSRS: Technically correct

What does a person mean when it is said, “Yes, that is technically correct”?  Does it matter where the inflection resides, or which part of the statement is emphasized?  If greater syllabic magnification is placed on the word itself, whilst the remainder of the sentence is left in a monotone of boredom, is something else being conveyed beyond the mere words declared?

What if the hesitation on the first word is elongated, as in, “Ye-e-e-s, you are technically correct.”?  Or, how about this one:  “Y-e-e-e-s…you ARE technically correct.”?  Further, why do we always expect a conjunction to follow, as in, “Yes, you are technically correct, but…”?  Does such a sentence imply that a person can also be un-technically correct?  If so, what would that mean and what factors would be included in coming to such a conclusion?

What practical or real-life consequences are inherent in the truth of such a statement, such that it might alter or modify our approach to a given subject?  If an engineer is building a skyscraper and turns to the architect and says,” Yes, you may be technically correct, but the entire building could nonetheless collapse” — how is it possible that the architect could be “technically correct” yet mistake the un-technical side of things such that it could result in a life-threatening disaster?

Or, in law, if a lawyer is “technically correct” but might nevertheless lose a case before a jury, does that mean that the “technical” argument in the law may not carry the day because the jury might take into consideration factors other than the law itself in rendering its collective decision?  Yet, isn’t “the law” nothing more than an aggregate of technicalities to begin with, and therefore, does it even make sense to speak of being “technically correct” within the purview of the legal arena?

For Federal employees and U.S. Postal workers who are contemplating preparing, formulating and filing an effective Federal Disability Retirement application, to be technically filed with the U.S. Office of Personnel Management, whether technically under FERS, CSRS or CSRS Offset, it may be technically correct that certain legal criteria must be technically met; however, when putting together a Federal Disability Retirement application, just remember that the technically sufficient Federal Disability Retirement application should always, technically speaking, contain an aggregation of medical documentation, legal argumentation and personal narrative combined to make an effective presentation, better guided by a legal technician otherwise known as a counselor, attorney or lawyer in this technically empowered universe — technically speaking, of course.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement from OPM: The restorative morning

That is the purpose of sleep, is it not?  Or so we anthropomorphically attribute.  Is that the only reason for the somnolence that overwhelms, the snore that momentarily suspends in the air and pauses for people to smile, to be horrified or laugh because of the incongruence of the sound that shatters the quietude of twilight? Do humans sleep more soundly than other species? Is it really necessary to maintain a certain spectrum of that “rapid eye movement” (REM), or to be in a deep slumber, a state of subconscious quietude, etc., in order to attain that level of restorative sleep such that the morning itself is declaratively managed with rest and a sense of calm?

The restorative morning is that which follows a good night’s sleep; it is when the body is energized, the mind is ready to pounce with an excessive amount of acuity barely containable, and the combination of a night’s rest with boundless determination overcomes the previous period’s fatigue and exhaustion from the stresses of the day.

Do other species require sound sleep?  Or, did evolution favor the animal that can sleep, yet be awoken in response to an instinctual drive to survive, such that the mere bending of a blade of grass a hundred yards away will awaken with an alarm ready to defend and fight, or whisk away in flight?

It is the lack of it that creates that level of profound fatigue that goes beyond mere tiredness or exhaustion.  Modernity requires restorative sleep precisely because so much of our workforce engages in cognitive-intensive employment that places great stresses not just upon the physical capacity of the human animal, but upon the mental/psychological — stresses that pound away with untold and unmeasurable harm on a daily, consistent and progressively deteriorating manner.  Did nature and evolution factor in the way that we live in modernity?  Likely, not.

In Nature, there are no restorative mornings — only the calm that pervades and hides the predatory instincts and the ongoing battles that go on daily, minute-by-minute in this unforgiving universe of predators and prey; and so it is that we have created a reflection of that life-and-death struggle in this modern world we live in.

For Federal employees and U.S. Postal workers who struggle with profound fatigue, loss of any semblance of restorative sleep, and unrepentant diminishment of focus, concentration and the capacity to maintain an acuity of mind, it may be time to consider filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Sleep Disorders are not just a constant reminder of the stresses that impact us in this high-tech world, but is also a basis in which to qualify for Federal Disability Retirement, when profound fatigue sets in and non-restorative sleep impacts one’s ability and capacity to perform all of the essential elements of one’s cognitive-intensive job.  Whether under FERS, CSRS or CSRS Offset, it may be time to consider preparing, formulating and filing for Federal Disability Retirement, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire