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

 

FERS Medical Retirement Benefits: Forever and a Day

The concept itself is a conundrum; it is to emphasize the extension beyond eternity when eternity itself cannot be extended by self-definition.  The “add-on” of the extra day provokes the idea that it goes just a little further than that which we can comprehend; and yet, we can barely, if at all, comprehend the concept of “forever” itself.

For certain ideas, can we “feel” concepts better than we can “understand” them?  That, in and of itself, of course, is a puzzling concept; for, words, ideas and concepts are posited to intellectually comprehend as opposed to applying an emotive conceptualization of it.  To “feel” that you understand a word or a concept is quite different from comprehending it intellectually.  Yet, doesn’t the idea of “pain” fit into that category?

A person who experiences a great deal of pain may not be able to understand it, and yet he or she “feels” it, and in the very existential experiencing of the phenomena, comprehends it better than the person who merely reads about it but never experiences it.  Furthermore, the person who “understands” pain has a greater comprehension of the phrase, “forever and a day” — for the two are similar in experiences; the one is a medical condition that can barely be described; the other, a concept of existence that is similar to unendurable pain.

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 feeling that life has become “forever and a day” is a familiar one, precisely because of the unendurable stresses inherent in trying to balance work, home, the medical condition and the growing stresses of it all.

Filing for Federal Disability Retirement under FERS is a step towards realizing that days do not need to become lost in weeks, weeks into months and months into years, where the pain or other medical condition, physical or psychiatric, must by necessity be an unendurable conflagration of existence.

FERS Disability Retirement is a means to an end — the end being, having the time and energy to focus upon one’s health; the means, to retire medically from a situation that has become untenable; all, in order to recognize that “forever and a day” begins with a day that can be differentiated from the “forever” that never seems to end.

Sincerely,

Robert R. McGill, Esquire

 

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 essential 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 an 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

 

FERS Disability Retirement Benefits: The Resistance

The initial reaction to such a title is the obvious one: To what?  Of course, Newton’s Third Law of Motion comes immediately to mind — of every action having an equal and opposite reaction; thus, when one posits a “resistance”, the natural query must refer to its opposition, as in, “What is it that we are resisting?”

Throughout our “stages of life”, we either comply, conform, “go along with the crowd” — or resist doing so.  There are “middle” ways, of course, and yet to compromise and resist “half-way”, or in a half-hearted manner, often seems to ruin the whole point of any resistance, doesn’t it?

If one is to be a revolutionary, the point is to be one completely, or not at all.  During the Sixties, there was the famous line (often misattributed to Abbie Hoffman, the Beatles and others) which declared that the movement’s participants would “never trust anyone over 30” — spoken by Jack Weinberg in response to a hostile interviewer.  The underlying point of the statement is quite clear: By the age of 30, most people have “sold out”, conformed, lost their youthful vigor to resist; or, put more simply, accepted the status quo and have become cynical.  Yet, isn’t there a natural inclination to “belong”, to not stand apart from the crowd, and to be able to live a quiet, unassuming life?

“Resistance” can thus have a duality of meanings — it can imply that one is part of a movement involving resistance to the status quo or, even its opposite; that one resists change and is integrally a participant of the status quo.  Resistance to change is the greater dominating force.  Change is a fearsome entity where the unknown is to be avoided at all costs.  To be a part of “the resistance” that refuses to conform — well, that is best left to those under 30, unattached and without obligations and responsibilities.

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, resistance to change is often the factor that procrastinates, and keeps a person in a “muddle of the middle” where conditions deteriorate but one stubbornly insists upon maintaining the status quo.

But as medical conditions deteriorate and as the Federal Agency or the Postal Service persists in seeking change — by forcing the issue and initiating adverse actions in order to fill the position with a person who is able to perform all of the essential elements of the position — resistance to change must be replaced with becoming a part of the resistance: By preparing and submitting an effective Federal Disability Retirement application with OPM and forging ahead into a future yet unknown.

Remember —even Jack Weinberg became a class of individuals that he resisted, and went on to become a consultant and an adjunct faculty member; in other words, he was once in the “Resistance”, then became that opposite and equal force to fulfill Newton’s Third Law of Motion.

Sincerely,

Robert R.McGill,Esquire

 

Legal Representation for OPM Disability Claims: Preparations

Would you hold a dinner party without preparing?  Or attend an important meeting, host a regal gathering of accomplished celebrities or go camping in the wilds of winter’s ferocity — without making adequate preparations?

The elaborate extent of such preparations is often correlated with the importance, significance, relevance and complexity of the issue at hand, the engagement to be embraced or the event to be held.  Preparations are a vital component to the successful engagement of whatever one undertakes, and lack of it often guarantees a result of negative returns.

How does one prepare for the preparation, formulation and filing of an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset?  Does one go out and ask the Human Resource Department of one’s agency, and thereby put to the winds which carry gossip about the Agency and allow the gods of the underworld to disseminate the implication that “X is filing for disability retirement”?  Do you dare test the oft-told adage in the Federal Government that “confidentiality begins with the Human Resource Office of one’s agency — and likewise, ends there”?

Or, perhaps “preparation” is merely of the ad hoc sort — of downloading the various forms (SF 3107, Application for Immediate Retirement, and SF 3112A, Applicant’s Statement of Disability, at a minimum) and beginning to fill them out, and somehow sifting through the multiple instructions and packaging a Federal Disability Retirement application?

Preparation for the initiation of any worthwhile endeavor should, at a minimum, involve seeking some advice from an “expert”, and in preparing, formulating and filing a Federal Disability Retirement application, to be ultimately filed with and decided by the U.S. Office of Personnel Management, consultation with an experienced attorney who specializes in Federal Disability Retirement Law should be a minimal step in such an important and consequential process.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: The Source

Every vibrant and expanding civilization relies upon it; the crumbling ones disregard it; and the stagnant ones begin to question their necessity. It is applied in various contexts, but the importance of maintaining its relevance as the authoritative foundation cannot easily be dismissed.

We hear the word used in different contexts: Whereof the source of the the River Nile? What are your sources in arriving at your conclusions? And are they “original sources”, or “secondary” ones? And of the infamous “anonymous” sources — can they be trusted, or does the mere intimation of anonymity betray an unreliability precisely because there can be no accountability by the very nature of a faceless and nameless origination?

In modernity, since everything is “sourced” through Googling, and very little attribution is verified by “original” sources, does it matter anymore whether one’s asserted authority for declaring X, Y or Z is based upon primary or secondary “sources”, or even if it was an anonymous “third-hand” source?

Furthermore, does an obscure source of a little-known citation have any greater impact than one that is well-publicized and of common knowledge to all? If, in the course of a conversation, everyone relies upon the believability of a “source” — say, a stockbroker who has never been wrong, but then someone pipes in that “so-and-so” says to stay away from that company because it’s about to crumble under its heavy debt-structure” — who do we believe? Does it matter if the “so-and-so” referred to is a Board Member, or some insider at the accounting department of the company who is “in the know”?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is impacting the Federal or Postal Worker’s ability and capacity to continue in his or her career, the sources and resources that you put together in preparing, formulating and filing your Federal Disability Retirement application should be original, reliable and dependable. — from the doctors who support you, to the lawyer who will represent you, to the credibility of the “sources” you gather.

For, in the end, the search for the source of the Nile matters not for “where” it is, but from what mystery of origination would flow such that the beauty of a civilization would spawn such a wealth of culture and originality.

Sincerely,

Robert R. McGill, Esquire