Federal Disability Retirement Legal Assistance: Arrangements

We do it to flowers and files; to desks and decor; to books and bad hair days.  We make arrangements.  Our lives may have begun in disarray, but we have the rest of it to arrange.  In our own minds, we reposition various memories; we selectively choose which ones to tell those whom we encounter; the rest, we stash away.

Sometimes such arrangements work; at other times, they come back to haunt us.  PTSD is like that.  Depression and Anxiety, panic attacks which paralyze — they are like the poisonous snake which we thought we had securely locked away in some glass casing, but somehow it had found a way to escape.

Memories of childhood traumas; of terrible events which once happened, had imprinted an indelible memory, but which we thought we could “handle” by arrangements later in our lives.  But like flowers and files which need constant tending to; of desks and decor that require further personal touches; and books which catalogue things and lives or bad hair days requiring a long comb, the arrangements of our lives constitute a forever-struggle, especially when new challenges crop up.

For Federal employees and U.S. Postal employees who suffer from a medical condition, whether of a psychiatric nature or of a debilitating physical kind, preparing an effective Federal Disability Retirement application under the Federal Employees’ Retirement System (FERS), to be submitted to the U.S. Office of Personnel Management, may be the arrangement required in order to move to the next productive phase of your life.

Contact a FERS Attorney who specializes in Federal Disability Retirement Law, and begin the arrangement which will allow you to focus upon the highest priority in any arrangement — your health.

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 under FERS: Perspective Matters

How we see things; whether with a “positive attitude” or one colored with a negative turn; if one believes in the cause, or not; whether one’s initial reaction is one of anger and disbelief, or of despair; for, in the end, tackling issues is not a matter of right or wrong, but of how we view them.

Of course, a positive attitude alone will not necessarily get you anywhere; as reality abuts against the perspective we bring, it is often the combination of a “proper assessment” combined with our attitude and approach which makes all of the difference.  Are we seeing all of the alternatives involved?  Can a better argument be made in such a case?  Have we exhausted all of the avenues of evidentiary findings?  Have we chosen the best arguments?

G.K. Chesterton once wrote that Charles Dickens and H.W. Wells looked upon their respective fictional characters in vastly differently ways: The former, with a fondness like a father upon his children; the latter, with also a fondness — but like a butcher upon the chosen pig.  Both have a perspective of “fondness”; yet, it is an approach from very different directions.

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, Federal Disability Retirement should be an option to be considered.

A medical condition often impacts upon one’s perspective, you should consult with an attorney who specializes in Federal Disability Retirement Law; for, perspective does indeed matter, and the best legal representation is one which objectively evaluates all perspectives that matter.  Consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and see whether or not your perspective is the “right” one.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Disability Retirement: The Invisible Barrier

The visible ones come in all shapes and sizes, and it is the challenge of “how” to overcome them, get around them, climb over them, dig under them, etc., that presents the unique problem.  It is always the “invisible” ones which are the most difficult to overcome and challenging to prepare for.

We can sometimes identify the invisible barrier; at other times, we know not what prevents us from moving forward.  The psychology of inner turmoil; traumatic events which paralyze us; loss of motivation, cessation of interest, fears that freeze and ruminations that distract; whatever the invisible barrier, it prevents an individual from moving forward in life.

For Federal employees and U.S. Postal workers who suffer from a medical condition that prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, it is often that unknown, unidentifiable and unrecognized invisible barrier that stops you from moving forward.

Consult with a FERS Attorney who specializes in FERS Disability Retirement benefits, and let the legal representative move you forward on the chessboard of life’s refrain.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal and Postal Employees: Stupid Mistakes

Our first reaction may be that such a phrase is in fact a tautology; for, to make a “mistake” is by definition to do something “stupid”, and so it is merely a redundancy to use and place both terms together.  But surely we can conceive of circumstances in which “making a mistake” turns out to be the very opposite of having done something “stupid”?

Perhaps some earth-shattering mistake in science resulted in a new discovery — of having made a mistake in combining two or more elements but resulting in a new, composite element beneficial to society?  Or of having made an accounting error which accrued to one’s personal financial benefit?  But even then, one may argue that the mistake itself was a stupid one; the consequences merely turned out to be beneficial, but that doesn’t necessarily impact the character of the mistake itself.

And what of follies in our youth?  Does age and greater experience, retrospectively reflecting back into the series of life’s mistakes and actions thoughtlessly taken, lead us to conclude that we have made multiple “stupid mistakes”?  What, then, constitutes a “mistake” such that it was stupid?

Often, a glimpse into what we did in the past — of having forged ahead without a plan, thoughtlessly, and without due diligence in considering all of the factors; these, and many more actions taken without an inkling of preparatory counsel, constitute what most people consider as a “stupid mistake”.

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 may be necessary to consider filing for Federal Disability Retirement benefits under FERS.  In doing so, it is necessary to have a full and comprehensive understanding of the laws which govern FERS Disability Retirement and the administrative process and procedures abounding.

Consult with a FERS Attorney who specializes in OPM Disability Retirement Law, lest you come to regret it as one more “stupid mistake” that was made — as one of many that we all make throughout our lifetimes.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: A remnant of bygone memories

Memories are funny animals; they travel and traverse endless miles of countless eternities, over fences artificially constructed and through tunnels built within the deep caverns of one’s mind; and in the end, they represent only a slice of accuracy in the whole of what really happened.

Sometimes, even after decades of being together with a “significant other”, a remnant of bygone memories erupts.  Perhaps some scent, or something someone said, or a picture that jarred and shook one’s cobwebs from the recesses of the brain occurred without a deliberative consciousness to do so; and we say, “Oh, yes, when I was six years old, I remember…”  And a remnant of bygone memories surfaces, like a corpse buried with a tombstone long forgotten behind the churchyard overgrown with weeds, and a flood rushes in and ravages the soil by erosion of natural forces and digs up the caskets rotted by time, whispers and hidden secrets.

Were they ever forgotten, and did we simply allow them to remain in a corner of closeted images? Does a truly forgotten memory ever resurface by accident, or is it by fate, destiny, karma and coincidence that at a given place in time, we are suddenly forced to relive a time period buried deep within the unconscious triggers of a soul haunted?  Do we bury memories like we do to the dead, because to not do it would mean to allow the stench of decay to fester within the sensitivities of our inner health?

Encounters with reality and the problems of the day often provoke a remnant of bygone memories; it is, in the end, the present that we must face, within a context of past wrongs committed and previous difficulties perhaps too easily avoided, that come back to haunt 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 worker from performing one or more of the essential elements of one’s Federal or Postal job duties, a remnant of bygone memories can include serious medical conditions that trigger PTSD, depressive symptoms, anxiety and panic attacks.

Are they a valid basis for filing a Federal Disability Retirement application?  Yes.

Do they need validation from a medical doctor to affirm the foundation of a valid case?  Yes.

For, a remnant of bygone memories can impede and prevent the Federal or Postal employee from performing the essential elements of one’s Federal or Postal job, and it is that medical nexus between human memory, job elements and psychiatric capacity that in the end creates the foundational paradigm of an effective Federal Disability Retirement application, based upon a remnant of bygone memories.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: The language of law

Wittgenstein recognized that there exists various forms of languages within a community of a shared language — with words everyone understood, sentences all were familiar with, but the usage and meaning of which were unique to a particular group or set of individuals.  Such comity of meanings and esoteric application of language were designated as “language games”.  Information Technology groups have their own set of insulated meanings; advertising agents, insurance companies, and children who form an exclusive club may formulate within-community code words exclusive to the group alone, and alien to all around.

What, then, is the language of law?  Certainly, analogy and hypothetical models of similar situations and transactions are a part of it; and the methodology of argumentation is to show the familiarity of classes of subject-matter issues and identical-sounding situations which penetrate the judge’s capacity to accept and anticipate precedent-setting citations of prior acts.  Why the language game of the legal arena accepts as a primary basis of interaction similar-sounding prior fact-scenarios is often a mystery to “outsiders” (i.e., non-lawyers), and confounds with frustration the enormous expenditure of time and money in engaging such circuitous narratives of persuasive argumentation.

What about my case?  What difference does it make whether or not a decades-old case applies in an analogical manner to the facts at hand?  But that is precisely the point of the language of law; for, it is consistency of application and perpetuation of stability which makes for reverence for “the law”.  Arbitrariness and malleability creates suspicion of motives, and justice requires the fair constancy of applying “the law”.

This is important to understand in all arenas of the “language game of law”, and for Federal employees and U.S. Postal workers who may need to entertain the potentiality for filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal Worker is under FERS, CSRS or CSRS Offset, the entrance into “Administrative Law” (which is what filing for Federal Disability Retirement benefits through OPM falls under) is no different.

Precedent-setting cases develop over decades and epochs of lifetimes; and whether the OPM Disability Retirement applicant is aware of it or not, the compendium of rules, regulations and decision-setting conclusions are all guided by, constricted within, and influenced throughout, by prior cases handed down by judicial opinions rendered “on high” by administrative law judges and Federal Court of Appeals mandates.

Should case laws be cited in the submission of a Federal or Postal Disability Retirement application?  As the law is the hinge upon which society survives, so the question of persuasive argumentation may live or die based upon the vocalization of precedents.  But always remember that the language of law is a specific type of language game, and the exclusive club of legalese requires some training of usage, where applicability may sound like gobbledygook unless formulated with an ear towards coherence within the insular language game of law.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: The Human Factor

In preparing, formulating and filing a Federal disability Retirement application under FERS or CSRS, the self-contradiction involved in the entire process is that the Federal Disability Retirement packet is being submitted as a “paper presentation” to people at the Office of Personnel Management, yet, concurrently, the preparation of the submission is done with the intent of eliminating the “human factor”, and instead to meet all of the critical elements and the legal burden of proof.  

The human factor necessarily involves human elements, and therefore the potential for errors.  There is no mathematical formula in preparing a Federal Disability Retirement application.  It is not an exact science, and one cannot predict the guarantee of a Federal Disability Retirement application as to its approval.  

Because of the human element involved, one can only attempt to formulate the packet by inoculating against the potential of human errors, and that means that one must understand and interpret all of the legal criteria which are necessary for a successful approach to the process.  The human factor is countered by more human factors — that is why there is a process of appeals — before administrative judges, and Judges at the U.S. Court of Appeals for the Federal Circuit.  The appellate process is a further attempt to review the possibility of human errors, and an attempt to correct such human errors.  

If there was a mathematical construct which could precisely determine the eligibility of each Federal Disability Retirement submission, and there was unanimous agreement that the computer model was fair and without error, perhaps such a computer program will one day make the determination of an approval or denial of a Federal Disability Retirement application.  That is doubtful, however, because we are dealing with human beings, human medical conditions, and human suffering.  As such, the human factor can never be entirely eliminated, and nor should it.

Sincerely,

Robert R. McGill, Esquire