FERS Medical Retirement from OPM: Internal Turmoil

A man walks out early in the morning to retrieve the newspaper thrown onto his driveway; from across the street, you see him; he looks vibrant, confident, self-assured; you think to yourself, “Why can’t I be like him?”  A woman, well-dressed, punctual, competent, with always a smile; a sure “go-getter” who will climb up the corporate ladder with ease; you think to yourself, “Some people are just successful and happy.  Why can’t I be like her?”

The calm before the earthquake; the tectonic plates which are invisible and the above-surface topography which has been undisturbed for centuries; then, one day, the calamity occurs, and buildings collapse and countless lives are buried and lost.  What happened?

It is always the unseen, internal (or beneath-ground) turmoil which is the “true” essence of a life, a geographical location, or an entire population which masks its veiled soul.

Plato and the entire history of Western Philosophy were based upon unmasking the essence of Truth by digging beyond the appearance of Falsity.  Human Beings, particularly, have a great knack for hiding the internal turmoil which is the truth of what we are.  The smile which masks the saddened eyes; the outward appearance of confidence which is a facade for the depression and sadness within; the quiet steadiness of nature before the convulsion of the volcanic eruption; all, the internal turmoil, hidden by the falsity on surface’s artificiality.

For Federal employees and U.S. Postal workers who suffer form a medical condition such that the medical condition can no longer be masked, it is always the internal turmoil which cannot be contained, restrained or curtailed forever.  It may be time to prepare, formulate and file an effective Federal Disability Retirement application under FERS laws, through the U.S. Office of Personnel Management.

Contact a FERS Lawyer who specializes in Federal Disability Retirement Law, and begin the process of quieting that Internal Turmoil before it erupts like the quiet volcano waiting to reveal itself from behind the facade of contained quietude.

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: Subjectivity

The “aim” of Western Thought has always been to gain credibility — of attaining to Eternal Truths and Universalities.  In a dinner conversation, the quickest way to denigrate someone’s opinion or viewpoint is to merely say, “Yes, but what you have said is merely subjective; it has no objective basis in fact”.

In a previous epoch, John Adams is attributed to having said that objective facts “are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”  He was making the distinction between the subjective world and the objective universe, and placing greater weight upon the latter.

In modernity, such a statement has lost some of its luster, if not its very essence of relevance, because we live in a post-factual world where objective facts do not hold such an esteemed status, anymore.  And yet…. Even in this world, there are somehow the remnants of elevated claims to greater significance, if something is “objectively” factual, as opposed to subjectively stated.

There is always the implication and inference that when something is deemed “subjective”, and purely so, that it is somehow concocted, imagined, “made-up” — like the child who believes that he/she is a master chef of world renown, when in fact the kitchen set-up in front of him/her is a toy kitchenette made of plastic and wood.

For Federal employees and U.S. Postal workers who suffer from an illness or disability and who need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, OPM systematically will make deriding and denigrating statements when it comes to “subjective” statements — of psychiatric symptoms, of chronic pain, of profound fatigue, etc.

They will say: “There is no objective verification of your X”.  Really?  Pain is subjective by its very definition; and so are psychiatric symptoms of depression, panic attacks, insomnia, nightmares, feeling sad, etc. How to counter it?  The good news is that the law is on the side of the Federal Disability Retirement applicant.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and let not the unlawful tag of “subjectivity” defeat an otherwise valid Federal employee’s OPM Disability Retirement Application under the FERS system.

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.

 

Medical Disability Benefits under FERS: Within the Wrong Context

We see and hear people using that excuse all the time: “I was taken out of context”; “You misunderstood me because you took my statement out of context”, etc.  Thus, a statement may be only partially quoted, or the physical misdeed may only be narrated without a “before or after”, making the “context” an important clue as to the truth of either the statement or the physical imagery.

For example, a person might say, “I love X, but he/she can sometimes be annoying because of his/her insistence upon doing things right.”  Now, if a person instead merely conveys that Y thinks that X is “annoying,” such a statement — while true — takes it “out of context” by leaving out the prefatory and “additional” statements made.  Certainly, the defense of “you took it out of context” is quite applicable, here.

Similarly, if a picture of X is taken — of a person clad only in his underwear, carrying a bat and looking like a madman — and is posted on the Internet with the subtitle: “Beware! Neighbor Stalks the Neighborhood Like a Madman!” — without explaining that he had been suddenly awakened by a noise downstairs, got up, saw two burglars breaking into his home, picked up a baseball bat and began chasing them outside of his home and — just as he stepped onto his front lawn in hot pursuit, the neighbor from across the street with whom he had had some unpleasantries over the years took a picture of him in this compromising appearance; well, you get the picture (yes, pun intended).  It would, of course, constitute a “taken out of context” moment, would it not?

Now, for Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows you to perform all of the essential elements of your job duties, your situation is somewhat like being “taken out of context”.  For, you were hired to do a job when you were healthy.  Once your health began to deteriorate, the “context” (i.e., your once healthy self) has been “taken out” to the extent that your medical conditions are no longer compatible with continuation in your job.  That is “The Law” of OPM Disability Retirement.

Contact a FERS Disability Retirement Lawyer and begin to put yourself into the proper context; for, within the wrong context, you are clearly no longer able to do your job.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

 

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

 

Lawyer for Federal Disability Retirement Claims: Games

How do we learn how to play them?  If we play Game-X, must we follow “all” of the rules ordinarily known and ascribed in order for Game-X to still be recognizable as such, or does it become “Modified Game-X”.

If little Toby plays his first game, but doesn’t know the rules, yet nevertheless realizes that games are “fun” because everyone else is smiling and seemingly excited, does the fact that the kid-who-knows-no-rules plays without knowing the limits and boundaries of the game make him into a participant, or a pariah?  Of course, if he stamps his feet in the middle of the game and declares that he doesn’t like the game, and walks off (even taking with him the proverbial ball), can we declare him to be a poor sport, an okay-sport, or any sport at all if he never knew the rules of the game in the first place and therefore never quite played the “real” game?

How about dogs — do they “play” games?  The dog that chases the ball but doesn’t want to bring it back to the ball-thrower, and instead runs away with it — has he broken the “rules of the game”?  How is it that dogs play games with their masters without ever being able to explain what the parameters of the rules are?

Then, of course, there is the slight modification in the term “games”, as in “games that people play”.  We all know what that means — of being insincere, fake, or otherwise putting on a double-face.  Why is that called a “game”?  Is it because it is not real, and constitutes a copy of “make-believe”, much like playing a game when we all know that it is not reality that is being rehearsed; and yet, isn’t playing a game — any game — just a part of the reality of the world we live in?  Why, then, is life bifurcated between “games” and “reality”, when in fact both are real in the sense that we are living a life of surviving, making a living, etc.?  Yet, we constantly distinguish between “playing” and “living”, as if there is a difference to be identified.

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 any longer performing all of the essential elements of the Federal or Postal worker’s job, career or craft, the preparations needed to come to a point of realizing that an effective Federal Disability Retirement application must be filed, often requires a recognition that the proverbial “game” is “up”.

Whether the Supervisors and Managers at the Federal Agency or the Postal Facility are up to their usual “games” or not — of harassment, derisive comments, making your life “hell” by increasing the levels of pressure or stress, is really besides the point.  What matters is that life itself is not a “game” at all, and those who separate games from the daily living activities don’t really “get it”.

Medical conditions bring to the forefront the reality of living, and the harshness of how people treat other people.  Yes, preparing 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, may seem like just one of those other “games” that have to be “played” — but the reality is that an effective OPM Disability Retirement application is a necessary part of life’s many facets of games and reality-based endeavors, such that the “rules of the game” always need to be consulted in order to “play” it well, and thus the first step is to learn the rules by consulting with an attorney who can advise on the rules themselves.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation OPM Disability Retirement: The dreams we forego

At what point did we grow up?  For, isn’t that the underlying theme of popular depictions in modernity — of people pursuing those “bucket lists” when mortality finally touches upon the recognition that life is short, oh so brutally short?

“Growing up” is defined by most as the moment when all dreams are set aside, “reality” replaces by the whims of a chosen career, a 401-K and a trade-in of the beloved fourth-hand Beamer for a hybrid of some unknown brand.

“Responsibility” is the key term, and those childhood dreams we forego are not so much replaced but set aside in quiet exchanges of euphemisms we become so adept at declaring — of “suspending it for now”; “When we’re able to get better cash flow”; “When the right time comes”; or maybe that catch-all, “It just wasn’t to be”.  Or, maybe true love delayed the dream, and there is certainly nothing wrong with that — where a lesser sacrifice is made in order to attain a greater good or desired end.

“Giving up” things is too often thought of as something “negative”; and so we make unrealistic and unwise promises to ourselves that we will never again “give up” X or Y, and years later, the skeleton that continues to strive onward, even to the detriment of one’s own wellbeing, continues upon the empty promise despite having forgotten why the promise was made in the first place.

The dreams we forego had a reason back then; it is the “now”, when we refuse to change and stubbornness sets in, that is the real problem.  For, back then, it wasn’t actually the “dream” that was let go that was a problem at all; it was the fact that we were able to be so adaptable that revealed the strength of our character.  Now, as one gets older, it is stubbornness that becomes the problem — the inability to modify, to adapt, to change; in short, to forego in the same manner that we were able to when once we were young.

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, is the “problem” one of not being able to change?

To one’s detriment — of the deteriorating health, of the constant struggle at work, and the growing awareness that one is no longer that spry chicken able to ignore the chronic pain and overwhelming anxiety; and yet, the ultimate question becomes, For what end?

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted through the U.S. Office of Personnel Management, is not the same animal as the dreams we once abandoned; it is, instead, another stage of one’s life, and if resentment and anxiety are growing concerns that are beginning to haunt, it is well past the time to “grow up” and begin to prepare a pathway to exit the hell that is beginning to percolate.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability: The constant struggle

It does appear never-ending, doesn’t it?  And what of that dream – of some windfall, or perhaps the lottery pick of numbers that somehow keeps people coming back to the corner Mart and purchasing tickets despite the astronomical chances that defy the odds of probability?  Why is it that people are more apt to believe in conspiracy theories that the moon landing or aliens from Mars have been concocted and coopted by some nefarious government, but no one believes that those “winners” of multi-million dollar lotteries have been a “set-up” to keep people enticed into buying more and more worthless tickets?

Is it because life is a constant struggle, and so long as there is some fantasy to believe in, some pie-in-the-sky probability to reach for and dream about, the misery of today’s misfortune can be borne with aplomb “so long as” … so long as there is some hope for tomorrow?  And even if the lottery were to be won, by some unforeseen whim of a chance begotten, would life no longer be that constant struggle, and does financial freedom guarantee happiness, joy, freedom from the struggle and liberty from the daily fetters of life?  Why is it that we believe that winning a treasury trove of sudden infusion of financial depth will suddenly resolve all ills of life?

And then, of course, there is the medical condition.

What most people would not trade for good health – and, for some, even a day’s worth, an hour’s splice of that day, or even a few minutes free from the pain, the anxiety, the worry of ill-health?  It is one of those statements of proverbial “throwaways” that we all pay lip-service to, isn’t it?  That one that goes something like: “Oh, I would trade in all of my wealth, status and everything I own to get my health back.”

We hear other people say it, and nod with quiet agreement, but somehow, we don’t quite believe it – until our own health begins to deteriorate.

The key to wisdom in life’s journey is to come to a point of recognition that the constant struggle never ends; and by such recognition, to savor the moments of beauty and those “little joys” of life.  Yes, yes, that is the basis of another “conspiracy” or sorts – of the wealthy and powerful to make the “little people” believe in such joys as flowers, children and puppy dogs, while they go out and sun themselves on the extravagant yachts of life.

For Federal employees and U.S. Postal workers whose health has been deteriorating, who recognize that one’s career is more than just the constant struggle of daily living, it may be time to consider filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Yes, you cannot any longer do all of the essential elements of your job; yes, life is a constant struggle, and your medical condition makes it all the more so; no, you are not going to win the lottery; and finally, even if you did, it won’t make the pain or depression go away, and winning the lottery, in the end, won’t make the constant struggle disappear, and probably won’t even make it any more bearable; and thus the need to prepare, formulate and file an effective Federal or Postal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: When we used to speak of meaningful things

Perhaps the negation of ideas trickles down, just as water from a crack in the roof tiles; of Derrida, Foucault and the deconstruction movement after the lengthy period of disillusionment represented by the French Existentialists headed by Camus and Sartre; for, if meaning constitutes parity and the loss of hierarchies and paradigms in crumbling corners of inconvenient truths, then Orwell’s prediction of how totalitarianism will infect society with the tools of our own making, will come about sooner than we thought possible.

Let us not speak of Logical Positivism and how the expungement of ethics and metaphysics from kitchen table discussions resulted in the loss of meaning, value and truth; for, if validity of a statement is determined from on high in the ivory towers of Russell, Wittgenstein and Ayers, et al., one has only to look at the state of British society today to realize that while the island continent allowed for profundity of thought in the isolation of its heyday, its impact and influence should have remained contained in order to spare the rest of mankind.

There was a time when we used to talk about meaningful days.  Oh, it doesn’t refer necessarily to what is said, but more as to the discretion of what is kept silent.  For, it is the pause between thought and spoken word which reflects the depth of thoughtfulness; and, in modernity, the comma of silence between the typed garble considered a sentence, and the push of that button which shoots it into the eternal space of the Internet.  Just take a cursory preview of random Facebook and Twitter pages; of the inane, the insane and the intemperate; there was once, long ago, a time when work and toil to put bread on the table prevented the leisure of thoughtlessness allowance for indiscretion of a spoken word.

To be wrong is one thing; most mistakes are correctible and even forgivable; it is the engagement of lack of thought, discretion and unadulterated vacuity of breathtaking stream of words spoken, shared and disseminated without care, which destroys the society of binding values and becomes replaced with angry shouts of rights and privileges, and more so by those who engage in the self-immolation of devaluating acts.

Greater quantification of information does not implicate knowledge, leaving aside the concept of wisdom; instead, as Orwell knew so well, words mean something.  We tend to think that the more said, the greater volume of voice, and the increased amassing of a library of information, somehow leads to a smarter society.  It is, instead, quite the opposite, and the negative effect of thrashing about to escape from quicksand; the more we say, the stupider we appear.

For Federal employees and U.S. Postal workers who are contemplating preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, it is important to understand that obtaining a cogent and effective medical narrative, in conjunction with preparing a compelling Statement of Disability on SF 3112A, are the two mainstays of a high-octane Federal Disability Retirement packet which increases the chances of a successful outcome.

Federal and Postal employees who are seeking to file for Federal OPM Disability Retirement benefits need not worry about speaking or discussing meaningful things; the tragedy of a medical condition, by its very nature, is a significant event which impacts upon a life, a career and a future.  Yes, there was a time when we used to speak of meaningful things, but those days are over — but for the intersection of human lives when words really matter, and lives are actually lived.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Of that unanswerable question

Why?  Or, the one which all parents dread, Are we there, yet? (as asked not 2 minutes after the engine has been turned on in anticipation of a 10-hour trip).  There is, then, the question posed by Bertrand Russell, as to the meaning of language, its correspondence to the physical world around us, and whether a truth value can attach itself to statements which fail to reflect the reality surrounding: Is the present king of France bald? Or does he have a full head of hair? As the country is currently a republic, sans a recognized king, there can be no identifiable royal head, with or without a scalp’s landscape of cover crops.

Then, of course, there is the underlying motive hidden beneath or behind.  Is a rhetorical question a question at all?  For, if the proposed query is merely to emphasize a point, but never intended to elicit an answer, and yet asked in an accented manner and an enunciated tone such that there can be no doubt as to the grammatical form posited, is it the convention of usage which negates the form, or merely the self-evident proposition betrayed by the obviousness of the context asked?

And, what if the audience is predominantly of foreigners who speak the language with minimal proficiency?  Does lack of comprehending the nuances of what native speakers of the language would easily identify as a “rhetorical” question, nullify the nature of such a characterization merely by such failure of understanding, by one’s status as a foreigner, or is it completely and fully determined by the insular and unrevealed motive of the one who asks?  And if, of that person, we ask, “Did you mean the question to be one of a rhetorical nature?” — and the only response is a mysterious, unrecognizable smile, interpreted as either noncommittal or perhaps revealing vestiges of the insane — does it still make it so?

And what of the convoluted question, if there is no judge on the bench to direct the inquisitor to “rephrase the question”, as in: What time did you enter the victim’s home when you left your wet footprints on the white rug before you stepped on the tail of the poodle and waited before the dog yelped just as you plunged the knife for which you never said you were sorry, huh? “Huh” would be the correct response, of course, before the bench would ask for a rephrasing, or in anticipation of an objection to a “leading” question — but is not a “rhetorical” question one which is “leading”, also, and do the circumstances surrounding the query matter?  Does the fact that a leading question posed in a courtroom differ from one presented by a reporter during an interview, or by a parent to a child?

Often, questions tell more about the source than of the elicited destination.  When personal choices and private timings confer the greater influences upon the manner of the answer, the mere asking of the question may be an answer unto itself.

Thus, for Federal employees and U.S. Postal workers who are contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, the question posed is often: Is it time for me to file for Federal Disability Retirement benefits?  Or, should I wait until the Agency or the U.S. Postal Service completely destroys any quality in my life? This latter question, of course, is what can be deemed a “rhetorical” question, whether English is a second-language or a first.

As for the one preceding — well, of that unanswerable question that only the questioner can know, the mere asking of the question is telling as to the questioning nature of the answer left unanswered, like the baldness of the present king of France and the fact that there is no judge in the courtroom of common sense to direct the questioner to rephrase a question which is quite obvious by the mere asking of that question.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Of things (which should be) hidden

Perhaps it is a moment of repose, when relaxation allows for an unflattering silhouette or an act with hands which reach for things not publicly accepted; or of an insight into the depths of a soul, better left concealed, congealing unexpectedly before one’s eyes despite best or better attempts to suppress or repress.

We all assume certain aspects of a person’s life, and when they appear not within the slice of images presented to the public eye, we do not take notice because the presumption remains throughout.  Thus do bathroom scenes remain irrelevant throughout most of the history of film, and have only made their debut as titillating artistry masked as prurient creativity encroaches in subtle increments upon our sensibilities (with the obvious exception, of course, of Hitchcock’s scene of the curtained shadow).

Somehow, despite our incessant clatter of protestations to the contrary, the privacy of our lives become exposed and elevated to a pedestal of a declarative rumination, like the child-actor who accepts the adoration of public applause in place of the denied love of a parent.  The lowest of our essence tends to congregate in bunches of time, place and people; perhaps, as like attracts like, and similarities of venturesome teleologies aggregate for symbiosis of common causes, so the ugliness of humanity seems always to find its way where innocence abounds and the naive output is counterbalanced by the depravity of so many soulless zombies.

So it is in the workplace, where the ugliness of human character tends to reveal itself.  But that we wish for privacy, and for the sheer meanness of the human spirit to remain hidden.  The skin is an organ which covers, and for that we may be thankful — as the inner organs of man were never meant to be exposed for viewing where beauty is replaced with the stark reality of who we are.

For Federal employees and U.S. Postal workers who must continue to go to work despite the deteriorating and progressive presence of 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 positional duties, the persistent exposure to things which should remain hidden, often becomes a constancy of unrelenting corridors of shame.

Just as divorce merely widens the microscopic fissures of that which the child already sensed, and the secrets leading to wars were already well-known by enemies and allies alike, so the facade which allowed for amiability and camaraderie suddenly crumbles, and the ugliness of humanity exposes itself.  Why is it that of those things once hidden, they suddenly become public and unconstrained?  And in the very midst of medical conditions and human plight which should engender empathy and consolation, the increase in harassment and progressive punishment exponentially facilitates.

For the Federal employee or U.S. Postal worker who finds him or herself in such a situation, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management becomes not merely the least of options remaining, but the best alternative to a deteriorating circumstance.

And of those things which should have remained hidden?

Like vestiges of timeless reruns from an era veiled by innocence, the reels of fading images defy the reality of our day, and the best course of action is to prepare an effective Federal Disability Retirement application, to be submitted to OPM so that the escape hatch can invite a gust of fresh air where once the stuffiness of a stale and toxic environment was suffocating the very life out of our soulful existence.

Sincerely,

Robert R. McGill, Esquire