OPM Disability Retirement: Preparing a Seamless Application

Is it possible?  When two fabrics are sewn together, it is almost always the case that a seam will appear; but it is the expert seamstress who has the knowledge of the proper stitch, the “tricks of the trade” and the technical knowledge in order to make it appear as if the boundary doesn’t exist, so that the two foreign bodies mesh and meld into one.  There may be multiple seams in creating a piece of clothing; where the sleeves meet; the attachment of the pockets; or, for style’s sake, sometimes the seams are meant to show.

This is true of almost any process which involves the combining of materials, people, organizations and differing entities — the “seams” must be sewn in order to become a combined but single body; the question is whether there will remain a weakness in the seam, to what extent the seam will show, and how strong the seam will be.

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 position, the key to preparing a seamless application will depend upon the proper analysis, evaluation and coordination of the various elements involved in the process itself.  The medical evidence to gather; the relevant information to include; the legal arguments to be made; the nexus between the medical condition and the essential elements of the position — these all must be brought together by the expert hands of the “tailor” who knows the “stitches” to apply.

Consult with an Attorney who specializes in Federal Disability Retirement Law in preparing as seamless an application as possible.  For, it is the expert tailor who has the knowledge and expertise to make both the process and the substance as a seamless entity, and that is the key to a successful outcome.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Wisdom amidst noise

There is much of the latter, and too little of the former.  Further, the latter tends to drown out the former, and while it is the former which should gain prominence within the spheres of influence, it is the latter that dominates and strangulates, leaving only the emptiness of seeming profundity and relevance so that what remains is the hollowness of inaneness.

Do we consult the Aged?  Or, in this era of modernity where the cult of youth predominates, is it back to the blindness and ignorance of Plato’s Cave?  Noise is more than the drowning sounds of a multitude of chatter and drum beats; it is the sheer volume of words spoken without meaningful discourse.  How many corners in forgotten Old People’s Homes reside the wisdom of timeless insight, and yet they are left to shuffle about and stare with vacant eyes upon a world that cares only for celebration of the young.

There is noise; then, there is wisdom amidst noise; the question is, Do we listen and can we learn when the din of irrelevance takes the form of profundity when logic is lost in a world that has renounced rationality in favor of celebrity?

Those old dusty books — of Plato’s Republic to Aristotle’s Nicomachean Ethics; the writings of the Medieval Scholastics; of Schopenhauer, Heidegger, and of recent vintage, almost anything written by Roger Scruton — who reads any one of them, anymore, and less likely, do we approach them with curiosity as once in the child’s eyes wide with want of wisdom in search of it?

Wisdom is a rarity in a universe of noise, and it is the noise which deafens for timeless eternity.

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 important to seek wisdom as opposed to the noise of the moment.

Federal Disability Retirement Law is a complex bureaucratic process which involves many levels of administrative perplexities, and while there is a lot of hype and noise “out there” among H.R. Specialists, coworkers and even among lawyers, it is always the best course of action to seek wise counsel and advice, and to be able to distinguish wisdom amidst noise.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Coincidences & wrong attributions

Two events occur within a fairly close span of time; we relate them; we attribute one to have caused the other.  Was it mere coincidence, and was the causal attribution wrongly implied?

We learn from a friend that a certain person X visited the house of person Y.  Y was a good friend.  X never liked you.  A week or so later, you bump into Y and you say, “Hi. Haven’t seen you in a while.  How has the family been?”  Y looks at you, turns the other way without responding, and coldly walks away.

You attribute the behavior of Y as being related to the fact that X, who doesn’t like you, had visited Y the week before.  You connect the coincidence of Y’s behavior and the visitation of Y by X, and create a narrative around the encounter: “X must have bad-mouthed me when he went over to Y’s house.  Y must have believed him, and that is why Y is behaving so coldly to me.”  In other words, you attribute Y’s behavior as the effect caused by X’s coincidental meeting with Y the week before.  Are you right in doing so?

Say, sometime later, you learn that it wasn’t X, after all, that had visited Y the week before, but it was T — another good friend of yours.  Further, you learn that Y’s sister had recently passed away, and Y calls you up and apologizes for the past behavior, explaining that Y simply “didn’t want to talk to anyone that day, and had been walking around in a daze of sorrow.”

Coincidences and wrong attributions; we all make them.  We go back and retrace our steps of logical reasoning to try and discover the flaw of our thought-processes.  It happens often.  What is the rule to follow to try and minimize such flawed approaches to logical reasoning?  First, to get the facts.  Next, to wait before coming to conclusions.  Finally, to try and limit one’s creative imagination from bleeding beyond the borders of known facts.

For Federal employees and U.S. Postal workers who suffer from a medical condition, and 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, it is important to first “get the facts” concerning Federal Disability Retirement, and not get mired in the fears of coincidences and make wrong attributions.

It may well be that certain actions initiated by the Agency are not mere coincidences; and it may be true that your “feelings” about the future can be directly attributable to what you have “heard” from others.  But before coming to any conclusions or making any decisions, it is well-advised to consult with an attorney who specializes in Federal Disability Retirement Law, lest those coincidences lead to wrong attributions, resulting in making the wrong moves based upon baseless causal connections.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: The Fight

Perhaps it is the remembrances of the Ali-Frazier era, or of one’s own childhood where we suddenly broke out into a melee of rash encounters; or maybe one is timid and never provokes, avoids all hostilities, diverts from any potential conflicts; whatever the background, there are fights that we remember, whether as a spectator or as a participant.

Was it the last shouting match with one’s spouse, where bitterness spewed and names were called when, once the butterfly of a stinging shadow left the lips that had been sealed with a promise, a shrug for regret overshadowed?  Was the provocation mere tiredness and stress such that upon the pent-up release of attacking the very one you love, you already felt better and thought, “Now, what was that all about?”

The Fight” is the unreleased energy within, always ready to explode upon the provocation of a volcanic eruption needing the outlet waiting for an opening.  It is when we no longer have “the fight” within us that souls wither, personalities begin to diminish, and the flattened effect of a once-lively self begins to devour itself.  There is “the fight” within each of us, but life, circumstances, and especially medical conditions can begin to dampen, diminish, then destroy that spark of the rebel.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to destroy “the fight” within us, it is time to recognize that staying with the Federal Agency or the particular Postal Facility is an unhealthy situation on top of the medical condition already suffered.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, is not an avoidance of a fight, nor an admission of defeat; rather, it is the last and true fight to win.

It is “The Fight” in order to preserve and protect one’s future, and not to simply walk about from all of that invested energy previously placed so prominently into one’s Federal or Postal career.  And remember that it is always prudent to hire a ringside trainer — an attorney who specializes in Federal Disability Retirement Law — in order to get that “knockout” win by getting your Federal Disability Retirement approved.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Help: The Man from Mars

It is a strangeness that cannot be avoided.  Sort of like Thomas Nagel’s famous philosophical essay, “What is it like to be a bat — for a bat?”  It is the “for a bat” that makes all of the difference; for, as Nagel himself pointed out, it is easy to imagine what it is like to be a bat — i.e., have wings, fly in the dark of night, screech, eat bugs, etc.  However, the uniqueness of actually being another creature — of having a separate and distinct perspective from that of a human, man-centered purview — is something that we will never be able to achieve.

Others, like those in Daniel Dennett’s camp, counter that there is no Searle-like “ghost in the machine”, and that consciousness is merely comprised by the aggregate of the neurological connections that make up the human body, and there is nothing metaphysical beyond the physical, no “trans” or “meta” existence beyond the firing of neurons and wired transmitters — in other words, the uniqueness of an individual is nothing beyond what we see and experience.

The cynic, of course, would look at the neanderthal that we have become, where we stare into our Smartphones like zombies and laugh uproariously as the crudest of jokes, and nod in agreement.  But what of the experiences of the extraterrestrial — does that shed any further light upon the issue?

Take, for example, the concepts explored in works like, The Man who Fell to Earth, starring David Bowie, or Robert Heinlein’s story of science fiction, “Stranger in a Strange Land” — where an alien culture and perspective meets with the consciousness of the banality found on earth; is it any different than when Native Americans first saw the ships appear upon the horizon of the Americas?  What is the natural response of the Man from Mars, and what is our response when confronted by an alienation of cultures, processes or foreign encounters?

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 strangeness of the experience itself is often daunting, at least in two or three ways: First, the medical condition itself is a phenomena that is alien, where previously the Federal or Postal employee was a healthy, vibrant individual.  Second, the fact that the Federal or Postal employee cannot “do it all” is another foreign concept that one has to adjust to, and that is often difficult enough.  And Third, the experience of meeting adversity and sensing a negative reaction by one’s own Federal Agency or the Postal Facility one works at — that, too, is a foreign and alien experience, where before the Federal or Postal employee felt like he or she was a member of that “team”, and now the treatment accorded is one likened to a plague or infectious disease.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether he Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often an experience likened to the Man from Mars — and because of this, the Federal or Postal employee who needs to consider Federal Disability Retirement might want to consult with a tour guide, otherwise known as an attorney who specializes in the attractive sights on Mars and within the purview of the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement: Absurdity with an explanation

According to Quine, the great mathematician and logician, that is the definition of a paradox.  It is an event or a concept that seems at first glance to be an impossibility, or a conundrum of some complexity, but can be explained to unfold the absurdity first displayed.  Thus — of the man who has walked the earth for decades but is technically only 9 years old, until one realizes that his birthday falls on the 29th of February, a date that appears only once every 4 years; this is a paradox, until the absurdity is explained and it suddenly makes sense.

Similarly, a medical condition is a paradox: It is an absurdity of sorts, especially when it hits a person in the prime of his or her life.  What possible explanation can be had?  Where is the “fairness” in it, and why do some people who eat all sorts of junk food for years on end never experience the calamity of a chronic and progressively deteriorating medical condition?  Where is the “equal employment opportunity” of a devastating medical condition?

Where is the sense of “fair play” displayed when a medical condition pounces upon a Federal or Postal employee and suddenly no amount of past accomplishments make up for the sudden loss of productivity and need to use the accumulated sick leave, and even invoke FMLA rights in order to attend to one’s health?

For Federal and Postal employees 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 position, the paradox comes in the form of when to consider filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  For, filing a Federal Disability Retirement application through the U.S. Office of Personnel Management is indeed an admission of a need for change; yet, paradoxically, change is precisely what your Federal Agency or the Postal Service does NOT want — they want you to continue as before the onset of your medical condition.

The absurdity resides in the lost sense of priorities: work, as opposed to one’s health; stresses that exacerbate, as opposed to relieving those elements that contribute to one’s deteriorating conditions.  The only explanation that makes sense is to prepare, formulate and file a Federal Disability Retirement application, to be submitted to OPM in order to be able to focus upon one’s health.

That is the paradox, and the absurdity with an explanation for a Federal or Postal employee who needs to file for Federal Disability Retirement benefits.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement: Trapped

Desperation is born of it; escape routes relieve the sense of it; and in the end, it is a belief in the hope that there are alternatives which provides a release from it.  The wild animal that is trapped will do everything to escape, including acts of self-harm if there is no alternative presented.  Whether of higher intelligence or some lesser level, the sense or “feeling” of being trapped leads to a suffocating belief of hopelessness.

Armies allow for it; battles often depend upon it; and the “it” which demands for an unconditional surrender is countermanded if there has been a history of genocidal atrocities committed.  It is the hope for some alternative to the present circumstances of despondency that results in a relief from the sense of being trapped; but options and alternatives often remain obscured by fear, lack of knowledge and the paralyzed state itself of “feeling” trapped.

For humans, it is knowledge which is the greater release from such a state of restrictiveness, and for Federal and Postal employees specifically, who suffer from a medical condition where the medical condition is impacting more than their careers — from growing harassment to an imposition of a “Performance Improvement Plan” to further actions, including a proposed removal, etc. — including the tumultuous upheavals experienced in their personal lives, the sense of feeling trapped is a natural consequence of failing to act.

Animals are known to act in desperation and reactionary ways; humans, it is wrongly thought, engage in a more reflective mode of acting — i.e., in a more deliberative, considered approach.  But the sense of feeling trapped often undermines the rational side of humans, and it is in such a state of desperation that the Federal or Postal employee will submit a poorly-prepared Federal Disability Retirement application, increasing the chances of a First-Stage denial.

Filing a Federal Disability Retirement application with the assistance of an attorney will not necessarily guarantee success at any given stage of the process, but it may raise the chances of such success at each and every stage.  In the end, it is knowledge of the options available which allows for the release of one from “feeling trapped”, and consultation with an experienced attorney when preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is the best way to release the hope for a more secure future in entering into the traps of OPM.

Sincerely,

Robert R. McGill, Esquire