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: That promising future

One doesn’t have to have been that “golden boy” to have an inkling of a promising future; there just needed to be some hope, and a taste of success.  Perhaps you came from a background where expectations were low; where higher education was a mere afterthought and nothing beyond an exclamation of gibberish and fantasy.

Was success defined by negation?  That if you didn’t do X, avoided Y and prevented Z, you were considered an anomaly and deemed as one of those who “made it”?

Yet, you exceeded; perhaps night school; whatever the cost, of however the pathway, that promising future that was never guaranteed, rarely spoken of and deliberately left silent but in the fertile imagination of a seeming dream; and the expectation of negation was met and exceeded, precisely because the goal post was never set within sight of grasping, but a mere filament that failed to light any hope of a promising future.

Yet, reality has a tendency to quash the daydreams of even butterflies, and a medical condition can alter forever the course of time and tenacity.

For Federal employees and U.S. Postal workers who once thought that a career under FERS meant a promising future for the duration of one’s life, and who never expected to be saddled with a medical condition that created a circumstance of negation, consider filing for FERS Disability Retirement.  Medical conditions tend to become that negation of hope, when in fact it may merely be an alteration of course.  Perhaps that promising future was too narrow a vision.  Maybe a change of mindset is all that is required.

Federal Disability Retirement is merely a recognition that there is an incompatibility between the medical condition suffered and the type of job one is in.  It does not mean that you cannot work; in fact, you are allowed to make up to 80% of what your former Federal position (“former” because, upon winning an approval of a FERS Disability Retirement claim from OPM, you are then separated from Federal Service) currently pays, and still continue to receive the Federal Disability Retirement annuity.

Just remember that the “promising career” was never defined by naysayers or those who lacked belief; it was always defined by your own drive, and for Federal and Postal employees whose once-promising career became curtailed by a medical condition, the “promising” part of conjunction can still be in the future.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Structure and Content

The former provides the form; the latter, the character of the entity.  It is the duality in combination which creates the ability to identify the particular being in an Aristotelian manner — as opposed to the more generalized definition of “Being”.  Without the largest organ of the human body — one’s skin — the “content” of that which separably identifies one individual from another would be lost, and we would all be mere aggregations of various organs not necessarily organized in any coherent way.

Similarly, in any presentation of a written form, it is important to plan the structure and content such that the former allows for coherence and ease of understanding while the latter compels the force of persuasion to impact upon the reader.

In preparing a Federal Disability Retirement application to the U.S. Office of Personnel Management under FERS, it is important to provide both structure and content in order to enhance the chances for an approval at any stage of the process.  For, the Federal or Postal applicant who is preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, one must first recognize that such an application is a “paper presentation” to OPM, and thus does structure and content both matter.

To merely focus upon “content” — i.e., medical records; the words in the Statement of Disability (SF 3112A) is to overlook the persuasive nature of the structure of the application itself.  Conversely, to concentrate too heavily upon the structure of the FERS Disability Retirement application — the forms to be filed; the “checklist” of necessary and required paperwork — is to underestimate the power of content.

The two must be formed [sic] in tandem; and a persuasive and powerful legal memorandum that provides both a roadmap as well as content-filled legal citations is a “must” in every FERS Disability Retirement application, and this should be formulated and prepared by an experienced Federal Disability Retirement Attorney who specializes in, and is fully knowledgeable of, Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Explanation & Justification

At what point does an explanation begin to sound like a justification?  Is it when it becomes apparent that there is a personal stake involved?  Does the objectivity of an explanation lose its own justification when it becomes clear that the intended explanation crosses over into an attempt to justify the personal actions or beliefs of an individual?  Can an objective explanation justify a person’s actions without appearing as a justification; and do all justifications involve a personal stake, such that it goes beyond mere explanatory exposition?

Are all justifications “merely” an explanation with a personal stake, and are all explanations ultimately a justification for someone, somewhere, about something?  Why is it that an apparent explanation that turns into an obvious justification suddenly loses its credibility and sense of objectivity?  Is credibility itself gained if a third party provides the justification for someone else, such that there is no “personal stake” involved, and does such a third party’s explanation just as quickly lose his or her credibility if there is a “personal” relationship connected with the person for whom the explanation & justification is being made?

There is certainly a fine line between an explanation and a justification, and for Federal employees and U.S. Postal workers who are suffering 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, filing for FERS Disability Retirement benefits through the U.S. Office of Personnel Management may be the best option to choose from — and, when completing the questions posed on SF 3112A, Applicant’s Statement of Disability, it is well to keep in mind the distinction between “explanation” and “justification”.

Always keep in mind the words of Queen Gertrude in Shakespeare’s Hamlet, when she said, “The lady doth protest too much, methinks.”

Explanation on SF 3112A is good; explanation that begins to bleed of justification may raise some red flags.  To mitigate the distinction between the two, the Federal or Postal employee may want to consult with an attorney who specializes in Federal Disability Retirement Law, to lend credence to an objective approach in preparing, formulating and filing an effective Federal Employee FERS Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: That bright star

We remember learning about the various constellations; and, these days, we are merely one “Google-away” from identifying that morning point of light that seems to shine so bright just over the horizon, and has moved since you first noticed it the evening before. Google ruins everything.  There was a time when discussions would last long into the night because memories failed us — who was that actor in Movie-such-and-such; what was the last line in so-and-so play; and what was the name of the character in that blah-blah television series?

We no longer need to remember; poems no longer require reciting from memory; facts and dates are accessible with the click of a button; arguments and discussions no longer are required because they can all be looked up at Wikipedia.

Yet, in the objective world, or in that universe where Kant bifurcated the subjective from the inaccessible objective universe, that bright star continues to shine, and no matter what Google says or Wikipedia posits, the mystery of time, the external universe and the fact that the bright star shining may already have disappeared eons ago and the idea that what we see is merely the residual aftereffects just reaching one’s pupils within an universe that fails to betray such mysteries of eternity, we can still enjoy the quietude of a pinhole of light within the darkness that surrounds.

And then there is the singular existence of a human being staring at that bright star in the morning silence even before the first bark of the neighborhood stirring.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent one’s ability or capacity to perform one’s Federal or Postal job, it is often that “feeling” one has in staring at the bright star — alone, isolated and apart from the rest of the universe — that makes one fearful of the world beyond.

Federal Agencies and the Postal Service tend to make the Federal or Postal employee feel isolated and alone when a medical condition begins to impact one’s life.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS can seem like a lonely prospect — somewhat akin to the feeling one gets when standing outside looking at that bright star.  That is why consulting with an Attorney who Specializes in Federal OPM Disability Retirement Law is an important step in pursing the benefit of Federal Disability Retirement: To know that the bright star is there, and that we are not alone to counter the troubles of this world.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Standard of incompatibility

How does one “prove” a standard of “incompatibility”?

Physical injuries often allow for a medical opinion to impose certain restrictions:  No lifting more than X-pounds; no standing more than 2 hours within an 8-hour period, etc.  These, then, can directly “prove” that a Federal or Postal employee is no longer able to perform one or more of the essential elements of one’s Federal or Postal job, by comparing such restrictions as against the positional requirements of a given job, and “showing” that the standard required can no longer be met.

The “other” cousin of the standard, as reiterated by cases represented by Henderson v. OPM and related precedents, allow for a “different” type of proof, where one may show that there is a general incompatibility between the entirety of one’s position and the medical conditions one suffers from.

It might be argued that such a standard is more “nebulous” and “harder to prove”, but in fact, the opposite is often true: specificity on a 1-to-1 ratio between a given medical condition or symptom and an element of one’s positional duties no longer becomes necessary.  Rather, a general showing of incompatibility between the “type” of job and the “nature” of a medical condition is enough to qualify for Federal Disability Retirement.

The trick, of course, lies in the manner of “proving” it, but it should be of some comfort to Federal and Postal employees that there is another type of standard beyond the 1-to-1 ratio standard that applies generally for “physical” duties; for, in the end, many psychiatric conditions can only meet the “incompatibility” standard, although some specificity of inability to perform a particular function of the job may be present as well.

To meet either standard is a burden of proof that must be shown by the appellant in all OPM Disability Retirement cases; to understand, apply and satisfy such standards, it is best to consult with an attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire