Tag Archives: new york city fers attorney

Federal Disability Retirement Law: The Bridge of Logic

In an era of idealism (a historical time slot which we are not presently experiencing), it may have been thought that the concept itself would bring greater harmony, world peace, empathy for the disabled, and a larger sense of community.

The Western, Aristotelian view of a “good life” involved the refusal to submit to extremes — whether of passions, beliefs, gluttony or feelings — and that moderation was the key to a balanced life, where the appetitive nature of man would be mastered by one’s intellect.  Bertrand Russell borrowed from this tradition, and defined the “good life” as one “inspired by love and guided by knowledge”, where the feelings and passions of a person would be constrained and directed by the bridge of logic.

The metaphorical play of a “bridge” — an image evoking a “connection” or a “nexus” — leading away from the natural passions inherent in Man, is an interesting one.  For, it somewhat presumes (A) a necessity and need for such a path leading away from the nature of Man, and (B) that somehow logic does not constitute and comprise the natural state of man, but is a needed addendum in order to “civilize” an otherwise unruly beast.

Perhaps that is so, and certainly in modernity the bridge of logic is in need of major repairs.

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 basic elements of one’s Federal or Postal job, make sure that the health condition itself — of the pain, of physical and psychological dysfunctioning resulting from the health condition — does not dominate in your persuasive argumentation in presenting your case to the U.S. Office of Personnel Management.

Rather, the Bridge of Logic must be carefully employed — of the nexus between your medical condition and the essential elements of your positional duties.

Contact an experienced lawyer who specializes in FERS Disability Retirement Law, and don’t let the disrepair of modernity’s bridge of logic be the loss of a pathway necessary to connect the necessary eligibility requirements in an OPM Federal Disability Retirement filing.

Sincerely,

Robert R. McGill

Attorney exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Lawyer Representation for OPM Disability Retirement Cases: The Weekend Worrier

Yes, there are those, as well — of “weekend warriors” who appear to be fearless, play various war games or otherwise engage in strenuous physical activities to “keep in shape”.  Then, there is the “Weekend Worrier” — that person who exhaustively spends the weekend and other days off worrying about one’s future, the coming week, the inevitable Monday, and the consequences of things left undone the previous week.

When a medical condition becomes a further factor of impediment to reaching goals decided or projects to be completed, the Weekend Worrier obsesses on such issues.  Worrying is exhausting; and it merely further complicates the medical conditions suffered.

There comes a point when the pace of worrying overtakes the symptoms of the underlying medical condition, and when the two form a symbiotic relationship leading to insomnia, profound fatigue, inability to focus or concentrate — it may be time for the Federal or Postal employee to contact a disability lawyer to consider filing for Federal Disability Retirement benefits under FERS.

Worrying is a part of modern living, but where the weekend is no longer a respite from the stresses of daily life, but instead becomes a hellhole of further aggravation, something needs to change, and considering the alternative of a Federal Disability Retirement may be the answer to the solution sought.

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.

 

Disability Retirement from The Office of Personnel Management (OPM): Competence

Its opposite is what we encounter too often in the normal course of a day.  Competence is in short supply; instead, what often masks for it is mere experience — of a person having done a task multiple times, and continues to do it in a mechanical, thoughtless and uninspired manner.

When a new wrinkle to the old way of doing things enters the picture — i.e., a somewhat different circumstance; a unique set of facts; a slight alteration to the way things have been, etc. — then, the mask of experience and repetition is suddenly revealed, and the test of competence is applied.

Most people fail such a test, because competence requires not only the knowledge of “how to”, but just as importantly, the ability to adapt and response to changing circumstances by using one’s knowledge about a subject, applying that knowledge, while at the same time considering new information, different set of circumstances and unique factual scenarios.

Sit at any Motor Vehicle Administration office and watch as the clerks attempt to resolve each person’s problems.  Are the problems addressed and resolved through competence — or experience?

For a Federal or 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 job, you want to hire a disability lawyer who is both experienced and competent.

Contact a retirement attorney who specializes in Federal Disability Retirement Law and begin the process of restoring that competent individual who was you, but whose medical condition has undercut the ability and capacity to apply that competence in your Federal or Postal job, and begin the process of securing your future by filing for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill
Lawyer specializing exclusively in FERS Disability Retirement Law, both competent and experienced

 

OPM Disability Retirement: The Winning Argument

Most arguments are not won by sheer force of logical persuasion; for, that would require the assumption that not only does everyone think “logically”, but that everyone also has been versed in the technicalities of propositional and syllogistic logic, has studied them and accepted them as overriding and dominant methodologies of discourse.

We like to harken back to the classical period of civilization’s cradle and cloak our biases with Aristotle’s dictum that we are all “rational animals” — implying thereby that our thought processes are powered by a predetermined set of algorithms characterized by the model of a supercomputer.  Yet, we — as fallible human beings ourselves — instinctively know better.  People do not think, leaving aside argue, by mere logical rules and discourses of such modalities; there are almost always other factors involved, whether of emotional ties, internal egoistical motivations or just the pure and unadulterated need to win at every engagement.

Aside from such human factors, however, is there an “objective” standard that characterizes a “winning argument”?

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 is essential to put together a FERS Disability Retirement application with this in mind: How to effectively put forth your case with “the winning argument”.

The U.S. Office of Personnel Management is never there to “rubber stamp” a Federal Disability Retirement application.  They are there to parse, tear apart and potentially undermine, and it is important to recognize the pitfalls and shortcomings of your particular case before putting together arguments that will ultimately win your case.

Consult with an attorney who specializes in Federal Disability Retirement Law today so that you can begin to formulate “the winning argument” that will obtain an approval of your Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

Federal Disability Retirement: Thinking Straight

Why “straight” as opposed to curved or in a zig-zag manner?  Who first thought that it was preferable, desirable, and even “smarter” to “think straight” as opposed to a thought process which involves a greater complexity of circuitous routes?

Is the origin based upon a metaphor or an analogy — that, because the shortest distance from Point A to Destination B must by geometric necessity involve a straight line, and therefore one may extrapolate from such a mathematical truth that the thinking-process which yields the best results is compromised of a similar metric: Of a direct and non-convoluted form of cognitive input, without the wavering lines and complicated conundrums involved in any form other than a straight line?

Yet, the process of “thinking” itself is often one that must include reflection upon multiple and endless variables: What if this happens?  What about such-and-such circumstances?  What about conditionals and unknown factors, and how will it end up if X fails to materialize or Y begins to dominate?  What about the principle contained in Occam’s Razor?  Is that the analogy that prevails upon the concept of “thinking straight”?

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, the question as to whether you should consider filing for Federal Disability Retirement benefits under FERS should, indeed, be based upon “straight thinking”, and the process of “thinking straight” should generally apply.

However, as Federal Disability Retirement Law is a complex administrative process that involves multiple facets that intersect with the Federal Agency, the Human Resource Office, the U.S. Office of Personnel Management, and complexities involving accommodations, potential reassignment issues, etc., the fact that a straight line may exist between the filing of a Federal Disability Retirement application and the approval or denial by OPM of that application, does not make it any simpler.

Complexity is a fact of life.  To simplify things, you should consult with an attorney who specializes in Federal Disability Retirement Law in order to make sure that “straight thinking” is achieved by thinking straight, and that should come from advice and counsel which gives you the right direction on how to get from Point A to Destination B.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Figuring it all out

We all try and do it.  Somehow, pride’s fall and the fool’s failure arrives by way of the solitary figure trying to go it alone.  Friendship never had a chance, and the neighbor’s mended fences never allowed for any conversation of depth beyond the wave of the hand or the occasional “hello, how are you” — punctuated by a quick about-face and racing with terror into the sanctuary of one’s home.

Figuring it all out on our own; walking about mulling over, obsessing into and turning it over and over, again and again; whatever the “it” is, that is where the focus of our attentions gain the greater amount of time and wasted efforts.

What is the “process” of “figuring it all out”?  Do we ask others — experts, perhaps, in respective fields where a lifetime of devotion to details has been contributed to and energy expended for — or do we just begin trolling the Internet and various websites, hoping that unsourced and unreferenced information “out there” will provide answers to questions of which we know not what to ask?

In modernity, where “facts” have now been conflated with unverified opinions, and where truth and falsity are all relative and justified as on an equivalency of values, it has become dangerous to “figure it all out” without some rational basis, some inception-point of a reference where even a remote semblance of simplified questions-and-answers can be gotten.

Life is complex as it is; trying to figure it all out can make the complex into a conundrum; and further, we must always come back to the age-old question:  It all depends upon what the “it” is (as opposed to what the meaning of “is” is), doesn’t it?

Fortunately, for Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition is beginning to prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job — figuring it all out can, and should, begin with previewing and perusing “The Law” governing Federal Disability Retirement.

However, as there is much information — and misinformation — “out there”, be careful in believing what sources to rely upon, as there are many bumps and pitfalls in Federal Disability Retirement Law.  Consult with an attorney who specializes in Federal Disability Retirement Law; don’t try and “figure it all out” on your own, as it is an unnecessary and misdirected misadventure.

Only in the movies is it acceptable to “go rogue”; in real life, consulting with an expert is the best way to prepare, formulate and file an effective Federal Disability Retirement application, whether you are under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Benefits: Sign Posts

Whether used as a noun or a verb, the second grammatical appendage can have multiple meanings: as a stick of lumber; as an activity placing information, warning, directional declarative or similar linguistic affirmations; and the combination of the two words can be read only within a greater contextual enlightenment depending upon what meaning is meant to be conveyed or how the inflection and accent is emphasized.

As a mere stick of lumber, it is a rather boring concept, even when attached to the first word, “sign”, precisely because the focus is upon the “post”, and so the emphasis goes directly to the sturdy piece of wood and not to the interests of the information posted.  If, on the other hand, one means to connote a different linguistic avenue – of different and varying posting of signs, then our interest is tweaked because we are immediately drawn into the various and wider universe of warnings, directions, admonishments and disseminated information useful to everyday living.

Sign posts are meant to guide, warn, betray or inform; and between the spectrum of the duality of linguistic translations, there is a natural reflection to life’s everyday humdrum itself.  For, like the analogy between information posted or merely a stick of lumber, living life is likened to a wide spectrum of activities mirroring boredom and repetitive monotony, and those instances where sudden tumult and excitement makes for an interesting day.

Being healthy can be viewed as a form of boredom; it is like the person focusing upon the stick of lumber, even if there are signs posting some warnings.  And, correlatively, when sickness and debilitating medical conditions occur, the viewpoint and perspective alters dramatically, such that the monotony of the piece of wood is now replaced with the blare of the warning, admonishment and legal declaratives, and life becomes a tumult, not merely a lapping wave but a tsunami of devastating impact.

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 the positional duties of the Federal or Postal employee’s job, the alteration of the perspective – whether seen as a “eureka” moment, a modified weltanschauung, or some reflective recognition of changed circumstances – the point is to shift the focus from the stick of lumber to the sign post itself: the job, the harassment, the constant antagonism and acrimony in the workplace – these are all the stick of lumber; one’s own medical condition, dealing with the doctors, the deterioration of one’s physical, emotional and mental capacity – these are the “signs”.

What we focus upon will determine the course of one’s future; and preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, is the combination of both words as a compound concept: of recognizing the sign posts, and dealing with it accordingly.

Sincerely,

Robert R. McGill, Esquire

 

Medical Separation and Retirement under FERS or CSRS: The nose beyond which

The human animal has reached a point of evolutionary pedigree where constant vigilance with the outside world is generally thought to be unnecessary; although, still when an individual walks through an unlit parking lot in the dead of night, the hairs which straighten and stand at attention on the nape of one’s neck would belie such an expression of civility amongst the savagery of newsworthy crimes printed daily.

Most of us live and walk about completely immersed within our own thoughts and reflections; and when encounters with the “outside” world suddenly jolt into an awareness just beyond, to focus upon the individual, event or incident which indicated a need for such engagement, the capacity to readjust and comprehend the alien nature imposed by a cacophony of sight, sound and a compound admixture of both, often confuses and torments.

Kant and Wittgenstein were correct in questioning the conventional views of a philosophical approach which wedded language to reality (to even combine both names into a single sentence is blasphemy, and an oxymoron of conceptual contradiction); the former, by proposing that there were human dimensions and constructs imposed upon an impervious universe of objectivity where the “thing-in-itself” bore little relation to how we perceive them; and the latter, by deconstructing the link between language and reality.

How we engage the world; what level of comprehension and understanding we bring to the fore; whether and what “success” we achieve in tackling the problems we face in a society that neither cares nor thinks about empathy and comity of human endeavor and suffering; the volume of questions posed and queried always surpasses the answers derived.  The nose beyond which we recognize is rarely embraced.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such a statement of truism is rarely denied.  Others fail to notice; the chasm between knowing that a medical condition is impacting a fellow worker, leaving aside the greater and universal perspective of a “fellow human being”, expands exponentially in a proportional widening defined by the intersection between title and pay grade, and the level of empathy lacking and sympathy non-existent.

Federal employees and U.S. Postal workers who think that having a medical condition, after years and decades of loyal and dedicated service to the Federal agency or the U.S. Postal Service, will automatically inspire a return of such vaunted conduct of responsive grace, become quickly and sorely disappointed and disillusioned.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, is often the best option to take, if only for the sake of preserving one’s health, whether psychological, emotional or physical.

For, in the end, the nose beyond which a person may suddenly see, is that neighbor waving across the street, the lost child crying on the corner of the next block, the homeless person wandering the inner city desolation past the invisible lines of suburban sterility, and the infirm dilapidation of rotting humanity abandoned in old people’s homes which we euphemistically deem as “retirement communities“; and that which circles back to the Federal or Postal employee who remains unaccommodated by the Federal agency or the U.S. Postal worker, who must prepare, formulate and file for Federal Disability Retirement benefits because the shame of humanity has dissipated into an uncaring universe of ethereal space defined by an unperturbed imaginary deity.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The change is in us

We wake up each morning expecting the world to have remained unaltered during the night; yet, as Hume’s argument concerning causality would have us believe, there is no necessary connection we have identified or conceptually ascertained, but merely our imagination anticipating and projecting into the future, such that stability of the universe around us pervades in a constancy of regularity.

The surroundings remain familiar; the coffee machine is of the same make as when we left it the night before; even the dogs appear unchanged, ready to obey and begin the day in the fashion that canines are accustomed to.  Perhaps you bump into an object before turning on the lights, and you find that someone in the household has shifted it from where you last saw it.  You resolve to inquire about it later in the day, or are immediately satisfied that “X must have left it” and therefore the “mystery” is solved.  Never does it enter your mind that the world, in its own power of intended shifting, moved without direct causal intervention.  You step into the bathroom and look in the mirror, where the same features stare back.

Yet, what may be different, what results in a subtle but perceivable alteration, is not the world reflected on the wall behind, but the compendium of complex emotions, memories, thought-processes and cognitive intuitions having rested through the night, and now are awakened to perceive, judge, analyze and evaluate in the wakefulness of the moment.

It is us that changes.

As Kant pointed out, we bring human structures of perceptual constructs to the inert world which pervades and surrounds.  The universe we invade and occupy often remains constant, and in that rhythm of regularity, we find solace in a methodological quietude.  Yes, cars whiz by and honk their horns, and birds chirp in the early morning dawn, but such movement has already been anticipated and entered into the equation of our consciousness.  It is only if buildings move, like earthquakes responding to the tectonic shifts of unseen caverns, when we panic within the world of regularity we have created.

But then, sometimes, the outside force touches upon us directly, and that is when the peace and quiet of constancy becomes disturbed.

Medical conditions tend to do that — for they have a duality of existence.  It is a change “out there”, somewhere whether visible, as in a physical injury of open wounds, or “in there”, whether as an unseen pain correlated by a diagnostic test, or even a psychiatric condition which pervades and progressively debilitates.  But the duality exists precisely because the “there” is also part of the self which recognizes the change.

The change is not only “in us”, it is us.

And it is often that very duality of alteration which thus requires a further change in abutting against the unchanging and impervious universe around us.

For Federal and Postal employees who suffer from a medical condition, this realization that one’s own Federal agency or the U.S. Postal Service is unwilling to change, to accommodate or to transform in response to the medical condition, is a knowledge which is gained often through the harsh reality of confrontation and harassment.  For such Federal employees and U.S. Postal workers who come to this realization, the option of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, is a consideration which must be seriously entertained.

It is, for many, a realization likened to “growing up” in a world which is often cold, uncaring and unconcerned.

As agencies are behemoths which reflect the character of a society, so it should not be surprising that Federal agencies and the U.S. Postal Service are not entities which respond well to change.  For, in the end, we must always recognize that the most significant change in the history of shifting burdens does not occur in the textbooks of time, but closer to the heart of every individual, and it is not change in the “other” which calls forth the earthquakes resulting in tsunamis, but it is the change in us, as it is change which is us.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Time Was, When…

Reminiscences represent a harbinger of the state of existence and the mental attitude of individuals; once engaged, they reveal the past-oriented focus, as opposed to the future dreams of youth.

Do young people reminisce?  At what point does one engage in such leisurely exercise?  And the spectrum of historical context, or the lack thereof — does the limited span of a past life determine the narrow course of future remembering?

It is always a danger to place too glowing and positive a light on the past; for, as present circumstances may be a pocket of discontent, so the warped perspective may, by contrast, create a fictional scenery of the past by unknowingly diminishing and extinguishing less notable events once experienced.

For Federal employees and U.S. Postal workers who are subjected to the hostility of one’s own agency because of the manifested impact of a medical condition upon one’s capacity to perform the essential elements of one’s positional duties, it is natural to embrace the refrain, “In the good old days”.  Health often brings that careless attitude of flippant fortitude; it is when we have something that we unknowingly take for granted, and when it becomes diminished, or is suddenly gone, the human tendency of regret and return of rectitude begins to pervade.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the pathway out of the muddle of reminiscence; there is, perhaps not yet known to the Federal or Postal employee, life beyond the Federal government or the Postal Service.  If too much time is spent in the past, then the robber barons of yesteryear pervade in the present, to rob one’s future.

Filing for Federal Disability Retirement benefits through OPM is not merely for escapism from a current “bad” situation; it is to secure the future such that there will be one, where one day in the twilight of a life, one can look upon the current negative circumstances and begin with the reminiscence of, “Time was, when…

Sincerely,

Robert R. McGill, Esquire