Medical Retirement under FERS & CSRS: The Gathering

They come from afar, and wide across the expanse of multiple cities, towns, and whether from rural areas or suburban neighborhoods, the criss-crossing of America is a tradition reserved for those special holidays where families gather, friends reminisce and relations pick up where old memories had left off.  “The Gathering” may be a once-yearly event, or perhaps a couple of times, and only once in a decade moment; however often, whatever the occasion, it is a time of recollection, reminiscence, restoration and rejuvenation.

Sometimes, even a gathering with people you hardly knew, or didn’t particularly like, is enjoyable enough, and though you might in the middle of the chatter say to yourself, “Why am I even here?” —yet, it is the mere presence of belonging that harkens one back to the lanes of memories that will not let go, like the dog that has locked its jaws onto your pant-leg and will not release you until you have finally relented.

Of course, there are other “types” of gatherings that are not so enjoyable or which bring a sense of warmth and joy — as in the “gathering” of Supervisors or Managers in conjunction with Human Resource Personnel who attempt to subvert, initiate adverse actions and conspire to make the life of a Federal or Postal employee a “hell on earth”.

Federal employees and Postal workers who suffer form 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 are at a stark disadvantage when it comes to filing for Federal Disability Retirement benefits: Often, the Human Resource Office of one’s own agency is neither helpful nor mindful of the confidentiality of even asking a casual question.

A simple question like, “What forms need to be completed in order to file for Federal Disability Retirement?” — may suddenly lead to a wildfire of rumors and innuendoes concerning one’s motive, intention and future plans, and suddenly the “point-person” becomes the pariah and a gathering of managers and supervisors suddenly materializes like a an unexpected dust storm in the middle of the Gobi Desert.

Not all gatherings are equal; some are for the happiness of memories recollected; others, a conspiracy to initiate adverse actions and to undermine the future plans of a well-intended act.  For the Federal employee or Postal worker who must begin to prepare, formulate and file an effective Federal Disability Retirement application, “The Gathering” one should be most concerned about is the one to which you were never invited, so beware of the things you say, to whom you say it, and when you make the query.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Workers: Stronger/Weaker

It is a categorization at the most basic level — one that is seen daily in Nature and reflected in the human narrative of historical tides and tragedies.  The stronger dominate the weaker; the latter submits to the former, or flees in terror or dies while trying.

In modernity, the password that protects one’s technological contraption is determined for sufficiency based upon that most basic of identities: stronger or weaker.  The bully on the playground will scan the potentiality for complete dominance at the beginning of each school year, based upon the appearance of how one projects one’s self on the very first day.

Throughout the continuum of life’s encounters, no matter how much we may resist becoming pigeonholed into such simplistic bifurcations — whether of our physical stature; our creative energies; our proclivities and mannerisms, etc. — in the end, we all revert back to the foundational elements of our evolutionary ancestors and systematically deem this event or that capacity as either “stronger” or “weaker”.

We like to think that in our advanced state of civilization, such simplistic terms have become muted because of the heightened level of sophistication (i.e., thus the “revenge of the nerds”, where brain overcomes braun); but our true natures nevertheless tend to reveal themselves despite our best efforts to resist.  It is no different in the arena of “the law” than in all other categories.

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 issue of “stronger” versus “weaker” continues to dominate: One’s medical condition places one in the “weaker” position as against the Federal Agency or the Postal Service.

The Federal Agency or the Postal Facility may begin to assert its “stronger” position by a series of adverse actions initiated to establish a paper-trail leading to ultimate termination, including a “Performance Improvement Plan” (otherwise referred to by the acronym, “PIP”); and when the Federal or Postal employee takes the necessary steps in preparing, formulating and filing 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, it is important to try and gain the “stronger” advantage by enhancing, in every way possible, one’s Federal Disability Retirement application.

There are few “slam-dunk” cases when it comes to a Federal Disability Retirement application.  While the applicant may “believe” his or her case cannot possibly be denied — naturally, because the applicant who tries to prepare the case on his or her own is the same person who suffers from the medical condition upon which the Federal Employee Disability Retirement application is based, and so there is lost a sense of “objectivity” as to the strength or weakness of a case — most cases must be assessed on a scale of “Stronger/Weaker”, and such an assessment is based upon the multiplicity of factors analyzed, including: Does the available and current case-law support the application?  Does the medical documentation sufficiently meet the eligibility criteria under the law?  Will the Agency’s portion of the Federal Disability Retirement application undermine the Applicant’s portion, under the law?

In the end, the law itself determines the basis of a Federal Disability Retirement case in its most basic form of whether a case is “stronger” or “weaker”, and to determine that important aspect of assessing and evaluating a case, consultation with a specialist in Federal Disability Retirement Law is a “must” in this world where nature’s disposition towards the Stronger/Weaker bifurcation continues to dominate.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement Benefits: Losses

How many losses must one accumulate before being deemed a “loser”?

Was it just yesterday that Cal Ripken, Jr. won with the Baltimore Orioles in 1983, after a mere couple of years in the minors, but with that World Series ring on his finger, would then see decades of losses mount as a result of poor decisions in trading players, acquiring “has beens” and being in the unfortunate AL East where the Yankees and the Red Sox seem always to vie for the top tier of the elect?

Can a team win a World Series one year, then go on for thirty-plus years without ever winning one again, and yet be deemed “a winner”?  Or, can one always pause, give a grin, and say, “Yeah, but we were winners in 1983!”

Does one win wipe out an avalanche of losses such that the singularity of glory negates the overwhelming statistical significance of unending disappointments?  Or, what of the person who once had a promising career, but through a series of unfortunate circumstances considered by most to be no fault of his or her own, cannot quite achieve that level of promises dreamed of but never materialized?

Do we, in our own minds, create conditions which are impossible to attain, and then deem those unreachable goals as “losses” despite the artificial nature of the criteria imposed?  Do losses mount and exponentially aggregate because failure seeks after failure, and somehow the subsequent one is a natural consequence, inevitably by inherent nature, of the previous one?

Does bad luck come in bunches because of some Law of Nature, or is it just in our imagination that it seems so?  Are much of losses artificially created — i.e., we set the proverbial “goal post” in our own minds, then miss the metaphorical field goal and become despondent over the “loss” created within our own imagination within contextual circumstances fantasized that have no connection to objective reality?

For Federal and 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, that sense of “loss” can be an admixture of both objective reality and subjective, artificial creations.

The medical condition itself is an “objective” loss; but the Agency or the Postal Service’s efforts to compound the adversarial circumstances can be created in an ad hoc manner, where there are no rules or criteria to follow except upon the whim of the supervisor or the department’s reactionary intuition.  The interruption to one’s career; the constant struggle with a chronic medical condition; of being forced to deal with deteriorating health — these are all real “losses”.

On the other hand, adversarial initiations by one’s Federal Agency or the Postal Service — these, too, are “real” losses, though artificially created and unnecessary, in many instances.

Both must be dealt with when preparing, formulating and filing a 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 — but the fact that one must “deal with” so many “losses” does not, in the end, make one a loser.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Retirement: Thinking

What constitutes it?  What is the evidence that it was engaged in?  When a person is charged with “premeditation” in the perpetration of a crime, and therefore ascription of full responsibility is used to convict and assign a greater length of incarceration, what methodological intricacies are involved?

Take the following hypothetical:  A man walks into a candy store and grabs a Snicker’s Bar, and runs out of the store without paying for it.  He is nabbed.  At the trial of the matter, the prosecutor gives the following summation to the judge:  “Your honor, this man clearly thought about it.  He entered the store, looked about, and deliberately took the Snicker’s Bar and ran out without paying, knowing that he did not pay it — otherwise, why would be have run?  Indeed, when the police caught him, he yelled, “I was hungry!”  That statement alone shows that the man knew he had not paid for it, for it was an admission of a motive, and thus, it is a clear indication that he thought about stealing it, walked into the store and with criminal intent stole the candy bar.  Only the death penalty would be appropriate for one with such premeditative intent, as he is a danger to society!”

Now, contrast this with the following:  The Candy Store’s automatic door opens, and an animal — a neighborhood dog — saunters in, sniffs about, and no one really notices.  The dog grabs a Snicker’s Bar, gobbles it.  Passersby watch.  The store’s owner notices, laughs, shoos the dog out the door.  Why do we not think that the dog “thought” about it?  Why is “thinking” ascribed to the human being, but not to the animal?  What is it about the actions of the two species that differentiates them?  Does the mere fact that we able able to speak, formulate words and convey thoughts, whether pre-or-post action confirm that any extent of reflective processes occurred?  Is the process of “thinking” always productive — i.e., leads to actions that are fruitful, or is much of it simply an insular activity that results in no great consequence?

For Federal employees and U.S. Postal workers who are “thinking” about filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the key to “thinking” about it is to take the next step and act upon the thought.  People often think that thinking is a productive activity, so long as it remains active and continuous.  But thought can also negate and prevent, and too much thinking, or not enough, can often become an obstacle to the necessary next step.

In order to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, the key to productive thinking is not merely to engage in it as an insular, solitary activity, but to have the consultation and advice of an attorney who specializes in Federal Disability Retirement, lest merely thinking about it leads to an unthoughtful act that leads one to believe that the very thinking itself was thoughtless.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Casuistry and Sophistry

It is often used to described “applied” ethics — that branch of moral questioning which evaluates and analyzes an actual case, as opposed to a theoretical artifice constructed for purely pedagogic purposes, devoid of flesh and substantive import.  No longer constrained by the ivory tower of hypothetical unversality, and thus vacuous of feeling, real empathy and true relationships, casuistry naturally devolves into sophistry, where self-interested motives become ensconced.

Devolution denotes a denigration of sorts; such a statement is not deliberate in its alliterative force, but an antidotal utterance in contrast to the Dawinian consort of progressive genetic advancement; and it is precisely because self-interest betrays itself in such instances, by attempting to justify the very basis of its validity in a flawed methodological argumentation.

Sophistry, of course, connotes bad logic; moreover, it often implies a deliberate self-knowledge of utilization of such flawed rationale, despite “knowing better”, precisely because the debater wants to conceal the self-interested motive by engaging in a cover-up by effusive elongations of elaborate textiles of tactless show-boating housed in linguistic gymnastics of confounding conundrums.

Russell was good at this; Wittgenstein, better; and Heidegger the ever superior in concealment of his underlying Third Reich connections.  It is, indeed, difficult to demarcate the two; for it is casuistry which necessarily devolves into sophistry, and sophistry forming the foundational basis of casuistry; but as to which came first, the chicken or the egg, one can only guess at.

When self-interested motivations are involved, where justification of actions cannot be bifurcated from the involvement of the personal pronoun, the devolution of antagonism by self-preservation into anarchy for protective reasons will naturally follow.  Can an individual separate the underlying insinuation of self-interestedness from a discussion involving one’s self, if the outcome will impact the life, livelihood and living circumstances involved?  Perhaps.  But unlikely, and rare in its substantive occurrence.  For, the very conceptual constructs involved are oxymoronic at best, and blatantly self-contradictory, at worst.

To maintain integrity where self-interested motivations follow, and then to engage in valid logical argumentation devoid of a devolved sense of self, is a high price to pay, and a higher standard to bear.

For Federal employees and U.S. Postal workers who must prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, this conundrum is indeed the flashpoint of being able to prepare such an effective Federal Disability Retirement application.  For, it is precisely the “self” which must be discussed, the “I” which by necessity be inserted, into the discussion of attempting to justify the nexus between one’s medical condition and the inability to perform one or more of the essential elements of one’s Federal or Postal positional duties.

In doing so, an expansive delineation must be posited on SF 3112A, where by a preponderance of the evidence, the Federal or Postal employee must prove the formulated connection between the medical condition and the inability to perform one or more of the essential elements of the job.  In doing so, take care to guard against a casuistic argument devolving into a sophistry of incalculable innuendo of self-interested flaws.  It is the hubris of man, as Shakespeare always reveals throughout his tragedies.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Simplifying the Complexity of a Case

Have you ever had a technical person explain things in the mysterious jargon of his or her specialized field?  Or, the one who breaks it down into coherent components and translates it into a language game which is comprehensible?

Those in the former category are usually quite impressed with themselves, and are happy to hear the sound of their own voices as the supposed explanatory interlude maintains a semblance of technical competence superior to the audience of targeted turmoil.

The latter populace does what few have come to recognize:  competence is not determined by mere superiority of technical knowledge, but the ability and capacity to apply the knowledge, reduce it to its simplified contents, then provide an explanatory foundation through reduction of complexities into manageable form.  Otherwise, the esoteric nature of any discipline will be governed by every schmoe who can master the language game, without actually acquiring the technical expertise in the application of select knowledge.  For, in the end, the test of sincerity of words is not a compounding of further words, but of actions following up with a revealed understanding of both what was said, as well as done, in any given context.

Similarly, the fact that the salesman can talk the lingo of technology does not mean that he or she can fix a broken computer; it just means that the salesmanship is a learned volume of nice-sounding paragraphs.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s job, the entrance into the universe of Federal Disability Retirement may be an option which must be entertained.  It is a surreal world of new terms, technical contents and definitional strangeness which constitutes a complexity beyond mere words, simply because the consequence of decisions made today will impact choices governed by tomorrow.

Can the complexity of the Federal Disability Retirement process be simplified such that comprehension of the bureaucratic procedures can be understood for its administrative context in the importance of both process and substance of content?  Because Federal Disability Retirement involves statutes, regulations and court case-laws of precedence from previous cases challenging various aspects of the process and substantive issues, the complexity of the entire venue is based upon the cumulative aggregate of decades in the making.  But of that larger universe of process and procedures, what splinter and slice is actually relevant to one’s particular case?  Probably a very small portion.  That is the focus which should be taken.

When one enters an arena of mystery, it is difficult to determine the relevance within the context; and relevance requires selective content and re-creating of one’s own context.  For Federal and Postal employees who need to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the importance of simplifying the complexity of one’s own case should be governed by information, knowledge, and selective application of relevance and required completion of necessary content.

Try this for a change, as a test of the principle of knowledge and application:  enter one of those chain-gadget stores and hand the know-it-all salesman a gadget needing repair, and see the language game of competence turn to a stuttering paragraph of excuses and explanations about how the complexity of the component is simplified by the simple justification:  Not my Department.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Lawyer: Time Was, When…

Reminiscences represent a harbinger of the state of existence and the mental attitude of individuals; once engaged, they reveal the past-oriented focus, as opposed to the future dreams of youth.

Do young people reminisce?  At what point does one engage in such leisurely exercise?  And the spectrum of historical context, or the lack thereof — does the limited span of a past life determine the narrow course of future remembering?

It is always a danger to place too glowing and positive a light on the past; for, as present circumstances may be a pocket of discontent, so the warped perspective may, by contrast, create a fictional scenery of the past by unknowingly diminishing and extinguishing less notable events once experienced.

For Federal employees and U.S. Postal workers who are subjected to the hostility of one’s own agency because of the manifested impact of a medical condition upon one’s capacity to perform the essential elements of one’s positional duties, it is natural to embrace the refrain, “In the good old days”.  Health often brings that careless attitude of flippant fortitude; it is when we have something that we unknowingly take for granted, and when it becomes diminished, or is suddenly gone, the human tendency of regret and return of rectitude begins to pervade.

Filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the pathway out of the muddle of reminiscence; there is, perhaps not yet known to the Federal or Postal employee, life beyond the Federal government or the Postal Service.  If too much time is spent in the past, then the robber barons of yesteryear pervade in the present, to rob one’s future.

Filing for Federal Disability Retirement benefits through OPM is not merely for escapism from a current “bad” situation; it is to secure the future such that there will be one, where one day in the twilight of a life, one can look upon the current negative circumstances and begin with the reminiscence of, “Time was, when…

Sincerely,

Robert R. McGill, Esquire