Federal Employees Retirement System (FERS) Disability Law: Societal Perfection

Anselm’s Ontological argument for the existence of God is dependent upon a crucial conceptual construct which, if and only if accepted, works.

It is the concept of “perfection”.  For, if existence — or, “to be” — constitutes the satisfying minor premise of the definition contained in the major premise, “That than which nothing greater can be conceived of”, then the question is: Do we necessarily have to agree with the societal construct of what “greater” means or, similarly of what “perfection” must entail?

Most ontological arguments must include some acceptance of what “perfection” entails — of the query involving, “How can an imperfect being possess a concept of perfection unless that perfection exists?”

But when it comes down to the details of what we mean by the term “perfection”, we find ourselves in squabbles of circular argumentation.  Societal constructs of perfection — or, of even lesser norms, like what is a “good” citizen, a dedicated worker, a loyal individual, etc. — often gets us into trouble, especially when such a definition becomes the basis for a self-harming viewpoint.

For Federal employees and U.S. Postal workers who suffer from a medical condition, continuing to work despite harming your own health is often insisted upon because of our distorted view of societal perfection.  We hold onto the societal construct of what it must mean to be a dedicated and loyal employee — i.e., the societal definition of perfection — until we die of exhaustion in trying.

FERS Disability Retirement through the U.S. Office of Personnel Management is a counter to that — it is a recognition that you should not have to work in a job which is harming your health.

If you are no longer able to perform all of the essential elements of your position with the Federal Agency or the Postal Service, contact a disability lawyer who specializes in Federal Disability Retirement benefits and begin the process of defying the false construct of societal perfection.

Sincerely,

Robert R. McGill
Lawyer specializing exclusively in FERS Disability Retirement Law

 

OPM Disability Retirement benefits: Misjudging Yourself

It is not an accident that most people are unable to accurately assess or evaluate themselves, their circumstances or the road forward.  Look at Plato and his magnum opus — The Republic.  Therein lies the hoax of unfettered hubris — of the declaration of who should be the ruler and king?  None other than the Philosopher — or, more humbly put, Plato himself.

Are we the best judge of ourselves?  All of us have a tendency towards seeing ourselves in greater or lesser degrees which fails to reflect reality.  To compound the problem, we also rarely appreciate criticism or outside evaluations which do not comport with our own self-assessment.  Yet, in most serious circumstances, that is precisely what is needed — an objective accounting of a given situation; the alternatives available or potentially open; the solutions possible; the road forward.

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 need to file for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management is a given; but the assessment in the strength of a case, what is needed to bolster the chances of winning against OPM and the requirements to meet the legal criteria — those issues should be handled by a competent disability attorney who specializes in Federal Disability Retirement Law.

For, as the patient as well as the Disability Retirement Applicant, you will likely misjudge yourself because you believe that your medical condition — by which you suffer so much — should automatically qualify you.  However, that is not how OPM sees it.

Contact an attorney who specializes in Federal Disability Retirement Law and avoid the pitfall of misjudging yourself, and allow the Federal Disability Retirement Lawyer make the crucial assessment and evaluation of your case.

Sincerely,

Robert R. McGill, Lawyer

 

Postal & Federal Employee Disability Retirement: Selective Exclusion

The danger of attempting to present a specific viewpoint is that one almost always engages in selective exclusions — sometimes inadvertently; most times, deliberately.

Selective exclusion involves a 2-faced lie: A. You selectively choose to include only those statements, quotations, references, etc., which support your viewpoint and (B) concurrently and in a parallel manner, you exclude those statements which might support or otherwise strength the opposing viewpoint.  A third — often unspoken — component implies the following: Truth is not the guide; rather, winning an argument is what prevails.

Now, if a person, entity, organization or agency is supposed to be “objective” about a matter, such deliberative intent to proceed in a biased manner makes it all the more poignantly unacceptable.  Yet, that is exactly what the U.S. Office of Personnel Management does when denying a Federal Disability Retirement case — of engaging in selective exclusion in justifying its position of denying a case.

How to rebut and answer such an approach?  By including all that was excluded, and arguing the law — which, by the way, OPM also selectively excludes.  Contact a lawyer who specializes in Federal Disability Retirement Law and begin the process of answering the selective exclusion engaged in by OPM.

Sincerely,

Robert R. McGill, Lawyer

 

Medical Retirement for Federal & Postal Employees: Isolation

It is a state which many declare to be desired; but, in reality, human beings are social and political animals (the latter term applied in an Aristotelian sense), and a true state of it becomes an insular havoc of desperate insanity.

Isolation is used in penal institutions as a means of punishment.  Whether it has a rehabilitative effect is questionable, but the policy is generally to impart upon the prisoner a stripping and depriving of a needed human experience — that of contact with others — and by punishing the individual, to allegedly “motivate” the offending party into behaving in an orderly manner in the future.  However, human beings possess great forces of creativity.  Stories from the Guantanamo facilities reveal a wide range of ingenuities in communication methods employed when “solitary confinement” is imposed upon multiple individuals.

In the end, the policy of isolation is often ineffective, and merely serves as an extreme measure of punishment which motivates not the human appetitive sense of behavioral modification, but cuts deeply into a profound sense of resentment and hatred.

In the general population, we have come to fool ourselves into believing that a blinking screen can replace actual human contact.  The worldwide pandemic has revealed the fissures of such thinking, and has tested the extremes of isolation.

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 under FERS, the sense of isolation can be felt from not being able to engage in the multiple essential elements of the position — of participating in conferences; of engaging with other coworkers; of missing time from work because of doctor’s appointments, etc.

Further, actual isolation is often exaggerated in the mind, where the mental isolation becomes disproportionately viewed and exponentially harmful to a person’s self-image.

Contact a retirement attorney who specializes in Federal Disability Retirement Law and consider the option of filing a FERS Disability Retirement application.  As isolation is the harbinger of a future yet uncertain, FERS Disability Retirement may be the ray of hope which opens the jailhouse door to a mind which is willing to be motivated.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employees Retirement System (FERS) Disability Retirement: Ostensibly

Apparently; on the face of it; in all appearances.  Isn’t that how OPM views all medical disability retirement cases?

It is as if the “medical specialist” opens each file before reviewing it, with a notation under his or her breath, of: “Ostensibly”.  And so the challenge is on — of persuading from the presumptive world of the “Ostensible” to the world of approval where appearances are turned into reality.

How does one do that?  Why are some Federal Disability Retirement applications more persuasive than others?

Of course, there will always be the “irrefutable” cases; then, some cases which fall in the “probably no chance” category, simply because there is not enough medical evidence to persuade; then, as with most cases, somewhere in the middle kingdom where the coalescence of medical evidence, the law, agency actions or inaction, with a dash of concurrent and parallel legal issues must be all taken into consideration in their aggregate evidentiary presentation.

Ostensibly.  By all appearances.  That is the challenge — to persuade OPM that the ostensible is the real.

Contact an OPM Disability Retirement Attorney who deals only with OPM Disability claims, and begin the process of putting together an ostensibly viable Federal Disability Retirement case and turn it into the reality which brings about an OPM approval.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement from the OPM: Fight On

Some view it as the only option to pursue.  In history, General Patton is given as an example of one who never accepted defeat.  “Fight on” is a concept embraced by many as the singular focus of choice; nothing else will even be considered.  Others may view it somewhat differently — of those who preach caution; that retreat in order to fight at another time may be the wiser course, or to remain static in order to preserve one’s present position, etc.

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 all of the essential elements of one’s Federal or Postal position, there is a duality of purpose: “Giving up” because the medical condition is impacting the ability to continue in one’s job, but concurrently, to “Fight on”, because getting an approval from the U.S. Office of Personnel Management is important in order to secure one’s future.

To fight on against OPM, contact a Federal Attorney who specializes in OPM Disability Retirement Law.

Sincerely,

Robert R. McGill, Lawyer

 

Federal & Postal Disability Retirement: Life After

Too often, we become embroiled within the context of present circumstances, and come to erroneously believe that what is occurring in our lives today, this minute, this year, will remain as a constancy for the rest of our lives.  Yet, like the weather, politics, and news cycles in general, what is of consequence in our lives today will likely be barely remembered a year from now.

There is always a life after.  Perhaps we are unable to see beyond today; perhaps we fail to — as the proverbial saying goes — see any “light at the end of the tunnel”; and likely the circumstances of today appear so overwhelming and weighty that it consumes our every thought and brings about an imbalance in our perspectives.

Medical conditions tend to do that — they depress us because of the degenerative and deteriorating manner in which they impact us.  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 “life after” is to become a Federal Disability Retirement annuity.

Consult with an OPM Disability Attorney who specializes in FERS Disability Retirement Law, and see whether or not you might qualify for a Federal Disability Retirement annuity.  The life after, after all, need not be the same as today or yesterday, but may embrace a future yet hopeful and bright.

Sincerely,

Robert R. McGill, Esquire

 

Federal Government Employee Disability Retirement: “Difficult”

It is not the same as “unable to”, or even one of “incompatibility”; rather, it merely means that here are some impediments, but if one’s performance ratings are still fully successful, then it shows that — despite being “difficult” — the Federal or Postal worker is still able to perform all of the essential elements of one’s Federal or Postal job.

To qualify for Federal Disability Retirement benefits, certain legal criteria have to be met, and the mere fact that it is becoming increasingly “difficult” to satisfy that criteria does not mean that you would qualify.  Having “difficulty” doing your job, but still being able to do it, means that you are still performing all of the essential elements of your job.

If your agency thinks that you are doing a great job by giving you “fully successful” performance reviews, then where is your argument that you are unable to perform all of the essential elements of your job?  Yes, yes, I know — the question often asked is, “Do I have to end up in a wheelchair before I can file for FERS Disability Retirement benefits”?  No, not quite; but the mere fact that you are having “difficulties” doing your job, but are still doing it, may not be enough.

There is a middle ground, a “flash point” that goes slightly beyond “difficult” but somewhat before becoming wheelchair bound, where the criteria of “incompatibility” comes into play.

Consult with an attorney who specializes in Federal Disability Retirement Law, and discuss the legal ramifications of where you might be in the process of preparing, formulating and filing an effective FERS Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Tomorrow and Beyond

We prepare for tomorrow, and plan for beyond.  There is a difference with a distinction.  For, tomorrow is soon upon us; the “beyond” is an obscure timeframe that dictates minimal physical effort, but much cognitive input.  We can “deal” with today and tomorrow — of pushing forward, setting aside worries and anxieties; but it is the “beyond” that takes a toll when too many uncertainties, unpredictables and unknowns coalesce to present a dark hole that cannot be managed.

Hope is based upon a future that can be imagined, and when the imagination becomes damaged to the point where human creativity can no longer foresee the proverbial “light at the end of the tunnel”, then the darker caves of the mind’s chaos can overwhelm.  Medical conditions tend to do that, especially when they become chronic and intractable.

This most recent pandemic can also undermine one’s sense of hope, and dash the plans for the “beyond”.  But for now, it is the “tomorrow” that we all need to focus upon, and for Federal and Postal employees looking to “solve” the problem of one’s inability to perform one or more of the essential elements of one’s Federal or Postal job, it is enough of a chore just to consider filing for FERS Disability Retirement benefits.

Consult with a FERS Attorney who specializes in Federal Disability Retirement benefits under FERS, and begin the process of taking care of tomorrow, and perhaps even beyond.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Consider the Alternatives

It is a prefatory phrase that forces one to weigh the choices that are available, and by doing so, be compelled to finally make a needed decision.  Decisions are often hard to make.  There are some who become paralyzed merely in being presented with various choices in life, while others appear to breeze through the elimination process rapidly, arriving at a confidently-made decision without much effort.  Or seeming so.

Are some people born as “decision-makers”, while others fret and fume over whether to choose between a chocolate flavor or a vanilla?  How are children taught to make decisions, and for those who become anxious at every turn of being presented with alternatives, is it because such an individual was never taught as to the methodology of “sound” procedural processes in arriving at it?

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 his or her job, consider the alternative: Continue working and deteriorating health-wise in your condition; face increasing pressures at work, resulting in possible termination; resign and walk away with nothing; or, begin the process of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Consider the Alternative; this one is a no-brainer.  Consult with an OPM Disability Attorney who specializes in Federal Disability Retirement, and certainly, consider the alternative.  You will not be disappointed.

Sincerely,

Robert R. McGill, Esquire