FERS Disability Retirement: Who, What, When, Where, How…

The basics of High School Journalism class provide the content of every good narrative in order to inform the reader of the “news of the day” — who is involved; what occurred; when it occurred; where the event occurred; how it impacts the community, the reader, the bystander, the spectator, etc.

A newspaper article is quite different from other forms of writing, for it is meant to inform the public, and the specific reader who purchases the newspaper, of “current events”.  More and more, local newspapers are being bought up by large corporate entities, and the very “local” nature of the newspaper becomes lost as a result.

There are, of course, different types of writings, such as novels, biographies, autobiographies, as well as subsets of genres — of “crime” novels, “romance” novels, and more recently, of the type which Truman Capote created in his “Nonfiction Novel”, In Cold Blood.

In the end, however, all narratives of every genre contain — in one form or another — the identifying content of Who, What, When, Where, How, and why; and preparing a Federal Disability Retirement under FERS is no different, albeit through the genre of the Standard Forms of the SF 3107 series and the SF 3112 series.

Who is the applicant; What medical conditions are being asserted; When did the onset of the medical condition preventing the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job occur; Where does the Federal Disability Retirement applicant reside, and with What Agency?  How does the medical condition prevent the Federal employee or Postal Service worker from performing one or more of the basic elements of one’s Federal or Postal job?

And, while the reading may be rather dry and uninteresting for most, it must — like all narrative genres of every kind — be persuasive as to its core point of the plot.  To assist in making sure that your narrative in a FERS Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, becomes the next “best seller” by becoming approved by OPM, contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law.

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: When Health Mattered

When we were young, it didn’t matter.  It “mattered” in a hypothetical sense — but it was essentially a problem for older people and those who hit unfortunate circumstances.  Things “matter” only when it actually matters, and rarely on a theoretical level.

Do you look at the detailed language of your insurance policies — whether on our homes, our health or our cars?  Or, do we just quickly agree to the general terms of coverage, then file away the multi-paginated policy itself until that day we hope will never come, suddenly arrives?

Health, too, matters not in our youth; in the middle and later years, when time has finally ravaged and tested our mortality and frailty, suddenly we begin to experience the impact of our folly-filled past.  When health mattered — when did it?  It always did; we just ignored it in the folly of our youth.

For Federal employees and U.S. Postal workers who suffer from a medical condition and can recognize that health matters because it impacts our ability to remain employed, contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and consider the next steps in preparing, formulating and filing an effective Federal Disability Retirement application, under FERS, to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Distinction of Days

Is it possible to live in such a manner — where days are not bifurcated and calendars remain unopened as unused tablets left without reference?  What does that mean — to not live by distinction of days, and how would that reflect upon an individual who lives in such a manner?

We act as zealots and bifurcate each day, and further fracture them into smaller and yet more detailed units of quantifiable divisions — by the hour, the minute, even of seconds and half-seconds, especially if you are a jogger or relishing the final moments of mortality’s fateful play.  The perspective of time influences us all — for, to live without the division of bifurcated days is to live outside of the purposive pathway of the world at large.

Is that why it’s often believed that people often die shortly after retirement?  Is it because the world of time becomes subsumed into a continuum of purposeless days and meanderings of timeless wanderings?  Do we lose our sense of worth when there is no longer a distinction of days?

To live as if days, nights, hours and minutes become conflated within a sea of eternal timelessness — is that when a person becomes less of an individual and begins the process of returning to the dust from which we came?

Medical conditions have a sense of that — where time is less essential because the pain, suffering and chronic interruption conflates the bifurcation of time.  For Federal employees and U.S. Postal workers who suffer from a medical condition and where weekends and weekdays have become a continuum when mere minutes seem like hours and days of agonizing nightmares because of the medical condition — it may be time to prepare, formulate and file for Federal Disability Retirement benefits under FERS.

Time is precious; time lost is a precious moment of lasting regret; and the distinction of days is important in order to enjoy weekends where leisure-time can become a respite away from the daily grind of work.

Federal Disability Retirement is a benefit available for all Federal and Postal employees who suffer from a medical condition such that the medical condition no longer allows for performance of all of the essential elements of one’s positional duties.  While getting Federal Disability Retirement benefits may not cure the underlying medical problems, it can at least give you a distinction of days in order to focus upon your health.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Ghosts that haunt

Presumably, there are those that do not; for not all ghosts haunt; some merely wander through the houses of happy memories without a peep.  It is the ghosts that haunt that appear suddenly when things aren’t going so well, or when sorrow brings memories that once had been repressed, forgotten, and tidily stored away in the dusty shelves of memory banks where the lapping waves of avoided sadness once pervaded in the reality of dreams unfulfilled.

Do we all have them?  Do they walk the earth in silent steps because of events that would not allow for the soul to remain at peace?  Do they haunt because of a turmoil in the essence of a person’s Being, where trauma would not satisfy the yearning for solace for a troubled memory?  Or is it all just bosh; that Freud has replaced all such mythologies of past narratives and we can all rid the houses of haunting ghosts by psychoanalysis and therapeutic intervention?

We make gods of different disciplines, at various times, in a multitude of eras; yesterday, the gods traveled in mythologies of fanciful underworlds; today, we are left with materialism, where man is a god unto himself, with no mystery left to unravel.  But, whatever the source, the ghosts that haunt remain with us, and often it is the stresses of life that suddenly resuscitate from the entombed memories of forgotten catacombs.

For Federal employees and U.S. Postal workers who suffer from a medical condition, whether that medical condition is termed “physical”, “emotional” or “psychiatric”, which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the time to prepare, formulate and file an effective Federal Disability Retirement application under the FERS pension system is when the ghosts that haunt begin to debilitate and destroy.

Whether the source is from a trauma originating from one’s past, or from an accident unrelated to work — it does not matter.  The medical condition and the nexus to one’s capacity and ability to perform the essential elements of one’s position with the Federal Agency or the Postal Service is what must be proven; and of the ghosts that haunt — well, to remain with the Federal Agency or the Postal Service will surely not resolve the haunting, but it may provide a better place to deal with the ghosts by allowing for greater focus upon dealing with one’s health issues.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Citing cases

The strength of a case is not further reinforced by the mere citing of legal precedents; rather, it is the use of the substantive application that makes for persuasive argumentation.  Often, cases are cited in a dizzying plethora of listings, of names and titles of legal opinions amassed in greater paragraphs of listings to impress upon the garnered support of the legal opinions allegedly providing for an unsurmountable wall of irrefutable authority; but upon further inspection, many of the cases are merely regurgitations of prior opinions and precedents, and add nothing to the substantive force of the point trying to be made.

Good things are “good” because of the goodness within them, but when one begins to believe that “goodness” comes not from the element of goodness but from the quantity instead of the quality, then we all fall into the self-contradictory trap of utilitarianism, where we fail to recognize that too much of something destroys the very goodness engendered by the good.

Just ask the kid who ate a gallon of ice cream and sat on the toilet seat for an hour with a stomach ache — whether ice cream taken to meeting one’s imagination of what heaven encompasses is still “good” in quantities that have no limitations.

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 process of amassing the complex information in order to “argue” one’s Federal Disability Retirement application should, at a minimum, include the citing of “basic” cases found in “The Law”.

This is necessary in order to reinforce the justification that one’s Federal Disability Retirement application is supported by the legal precedents that have held sway for decades on end.  Citing cases is important; citing the right cases is even more important; citing the relevant cases is very important; citing the relevant and significant cases and arguing as to why they are being cited — now, that is the most important approach of all.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Employees: Insular worries

How much time is spent on worries constantly engaged in conversations never spoken but hidden within the insular universe of the private mind?  The walking person who appears to be “carefree” with an impassive face or even a flashing grin; of that person, can one detect the trembling child within, the shuddering fears hidden and the angst-driven force behind?

So much time is often spent on battling against the monsters that loom so large within the insular world of one’s mind that productivity is diminished, creativity is dashed and the relishing of valuable moments become forever a memory that could have been, might have occurred and only fleetingly felt.

How does one counter the obsessive characteristics that most of us are beset with — of anticipating doom and disaster where none has yet occurred; of predicting that failure is just around the corner without having seen any indicators of either the bend around the next block nor the sunshine that foreshadows success; or of simply worrying because there is too much calm, or an overabundance of happiness, joy and the saltiness of success?

Is it always the “quiet one” whom we should all watch for?  Why is it that, after a tragic incident, the neighbor always points to the perpetrator of the crime and says, “He/she was such a nice, quiet person”?  Is it because the insular worries that are never spoken, but remain silent throughout, grow and fester like the mold behind the cellar door or the pus within the bubble of hidden flesh?

For Federal employees and U.S. Postal workers who walk about with a medical condition that must be “kept private” and “hidden” for fear that the Federal Agency or the U.S. Postal Service might begin to “take actions” to restrict the use of Sick Leave, or refuse to allow for extended LWOP or, worse yet, to place one on a “Performance Improvement Plan” with the full knowledge that the medical condition prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job duties — preparing, formulating and filing an effective 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, might be the logical next step beyond walking about with the insular worries of an anticipated future event.

Worrying is an integral and inseparable part of modernity; the world is complex, and the complexities themselves create a surreal universe of worries and anxieties; how we “deal” with them, however, is the key to successfully tackling them.  Consulting with an experienced attorney who specializes in handling Federal Disability Retirement issues will likely be the necessary first step in preparing an effective Federal Disability Retirement application, and perhaps the unburdening of those insular worries that are bundle up with questions that need some answers.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: Evidence of Sincerity

We question it; contest it; challenge when necessary by bringing up counter-evidence that seems to undermine it; and we all act with outrage and become highly offended when our own underlying intent is questioned, as if everyone else in the world is suspiciously lacking of it with the exception of one’s self.

“Sincerity” is a funny animal, and evidence of it is like the bond between the wrong committed and the arena of court applied: preponderance of the evidence?  Clear and Convincing?  Or, Beyond a Reasonable Doubt?

The choice depends upon the gullibility of the beholder and the relationship between the teller and the believer; then, for some, a breach and violation of a single instance forever condemns without recourse of forgiveness.

What is the evidence of sincerity?  Is it merely words upon words, or must actions follow, and constancy and consistency of behavior?

Take the following hypothetical: Person X says that he will meet you for lunch at Time-T, at location Y, and so at Time-T, at location Y, you go and wait.  And wait.  Person X never show up.  A few days later, you see Person X and you remind him that there had been a luncheon agreement, and why didn’t you show up?

Example A: The person apologizes profusely and reveals that he/she became gravely ill and was taken to the hospital at that very moment, on that day, during the time of the luncheon date.  Example B: The person says: “Oh, I found something better to do,” and essentially casts you aside.  Example C: The person (who has a wide and well-known reputation for being “flighty”), explains: “Oh-my-gosh!  I completely forgot!  I really meant to be there but I just completely forgot about it!”

Obviously, most of us would respond to each with: Forgive persons A and C; be angry at B.  Why do we react like this?

Again, the obvious answer is: We presume sincerity on the part of A and C (though, as to C, we give some leeway for a reputation preceding the doing, and if we were unaware of that reputation, we might want to proceed by putting the person on a “probationary” status of wariness and suspicion for the next time); as to B, the person has explicitly reversed any semblance of sincerity, and has told us to essentially go fly a kite.

Now, change the hypotheticals slightly: As to A: We later discover that he was seen precisely at Time-X to have been out and about with another person, and was never in the hospital.  In other words, he lied.  And as to C: Whether “flighty” or not, the person never honors a commitment, and consistently makes promises but each time breaks them.  In other words, whether sincere at the time or not, that person can never be relied upon.

And as to the problematic B: We later learn that at that very Time-T, he was actually in the hospital caring for his dying spouse, but did not want to burden you with the long and tragic narrative of his personal trials, and furthermore, his reputation prior to the promise broken is so far out of character that it had left you scratching your head with befuddlement in the first place.

Who, out of these examples, ends up being the “sincere” person, and what is the evidence that changed your mind?

Evidence of sincerity is often a touchy subject, where reputation, reality and roles of engagement coalesce to provide the “full” picture.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that a Federal Disability Retirement application must be prepared for submission to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the evidence of sincerity is often important in assessing friends, coworkers and trusted individuals in the dissemination of sensitive medical information.

Appearance cannot always be trusted; reputation, perhaps; but in the end, the evidence of sincerity is often merely a gut instinct that tells you who to trust and why.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: Of venal and venial injustice

That a single vowel can radically alter the meaning of a word is not surprising; rather, it is the simplicity of the reduction – from one constituting an onerous sense of the corrupt, to a mere insignificance of action – that demarcates the chasm of definitional differences between the two.  Both are adjectives; but of the former,  often associated with corruption involving bribery and characterized by a mercenary motive, while the latter is of a pardonable offense, minor on a scale of wrongdoings, and merely bordering on the barely noticeable spectrum of sins acknowledged – it is the difference of the singular vowel – the “i” which constitutes the reflection back upon the personal “I” who acts upon the violation that determines whether the offense is minor or major, that divides the two.

The originating context of a venal act almost always involved corruption relating to an exchange of consideration – and, for whatever reason, it was that underlying motive of engaging in an act of illegality for the sake of money, that exhibited a greater evil by the participant.  Perhaps such an origin of retreating repulsiveness is Biblical – of that treachery committed in exchange for the thirty pieces of silver.  Translated into English, the personal pronoun inserted in lower caps in the middle of the word, stuck between two consonants, evinces a guilty conscience inflamed deep within the troubled recesses of a soul’s agony.  And what of the noun which the adjective modifies – does it add, amend, enhance or otherwise alter?

Injustice is a malleable concept.  Words were once confined by strict adherence to meanings; no more, as society has allowed for the gymnasts of linguistic pole-vaulting to tinker unabatedly.  As the negation of the root term “justice”, it has become recognized as any feeling of unfairness encountered, as opposed to the more concrete embodiment of society’s clear mandate in a process of upholding a morally superior stance, confirmed by age-old rules and procedures, inviolate as reflected in the symbolism of a blindfolded lady impervious to the winds of bias, prejudice or venal means.

For the Federal employee or the U.S. Postal Service worker who is daily being bombarded with harassing conduct by the agency or the U.S. Postal Service, both forms of injustices are encountered:  Venal injustice, at the hands of an agency which may be plotting to dismiss and terminate; and venial injustice, at the daily toil of enduring slights and demeaning whispers by coworkers, supervisors and others unnamed.

Medical conditions occur through no fault of the Federal or Postal worker suffering from them; yet, Federal agencies and U.S. Postal Service employees treat such Federal and Postal workers as mere fodder for committing injustices otherwise unaccounted for.  Perhaps there is a heaven where ultimate justice prevails and where venal sins and venial acts are sifted between to determine who is issued a valid passport for migration through those pearly gates; but, until then, there is the option of filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, and where obtaining an approval from the U.S. Office of Personnel Management is neither a venal act, nor a mere venial outcome, but an injustice turned around for the Federal or Postal worker who cannot otherwise perform all of the essential elements of one’s Federal or Postal job.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government: The whiles of life

While I wait; while I watch; while I listen; while I suffer; these, and many more, are the wiles of life (note the sudden extraction of the “h” in the subtle – or not – alteration by omission).  But such a linguistic subterfuge is appropriate, as it connotes a manipulative intention in the very wasting away of life’s gifts.  For, indeed, we spend much of our days steeped in inactivity, waiting patiently while life passes by.

While I wait in line; while I watch an advertisement; while the kids play; while the dog sniffs; the wiles of waiting, allowing for thoughts to wander afar into daydream’s decaying of time, purpose, value and worth in a traversing universe that no longer believes in anything but the self-satisfaction of bygone faith.  Does an impervious existence that traps us within a cocoon of timeless nothingness allow room for a Being of teleological foundation?

Can a person withstand substance each minute, without the interruptions and interludes of thoughtless void, where activity of accomplishment is momentarily suspended and purposeless repetition of mundane impotence fails to make forward progress, as the bane of life lures, deceives, entices – again, the very wiles of living?

Heidegger, of course, based the foundation of his philosophy upon the whiles of life – for, all projects of human activity was an avoidance with the fullness of encounter with Being – of engaging in meaningless discourses in order to avert our thoughts upon the ultimate meaning of life; that of death.  For, as fruition and maturation inevitably results in the consequence of decay and destruction, so the linguistic justifications we empower – that such-and-such is delayed “while” this-and-that occurs, or those what-nots have to be in place “while” the doo-dads first come upon us, and other such inane events of uneventful percolates.

The world has now, however, been turned upside down.  The whiles of life have become the centrality of purpose, and perhaps it is the wiles of life that have caused this inverse principle of peripheral insignificance and irrelevance.  It was once thought that one took out one’s Smart phone “while” we waited upon the activity of substantive discourse; now, it is precisely that which occupies most of our time, and the “rest of it” all has become of irrelevant disproportionality, and just an irritation to the essence of who we have become.

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 positional duties in the Federal agency or the U.S. Postal Service, it is important to circumvent both the wiles of the agency, and understand the whiles of preparing, formulating and filing an effective Federal Disability Retirement application.

The wiles of the agency should always make the Federal or Postal employee suspicious – and as a Federal or Postal employee, you have had to contend with it throughout your career.

Now, however, it is time to switch and pivot (as the current, oft-used phrase is repetitively heard), and consider what will be done while you prepare an effective Federal Disability Retirement application, while you wait for the U.S. Office of Personnel Management, whether you are under FERS, CSRS or CSRS Offset, and while you continue to attend to your medical conditions while still with the agency, or while you are being proposed for a removal.

The whiles of life are many; the key is to circumvent the wiles while real time makes life barely bearable.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Fodder for our own folly

We often collect that which we know we need not; and of fodder for other’s play, who but the foolish gather the refuse of one’s own folly?  Why does youth engage in a greater percentage of folly, and why do old men insist upon driving uncomfortable cars which make them look foolish once they park and struggle to get out from a position of near-supine discomfort so debilitating that you can almost see the decrepit arches of an arthritic back?  Foolishness, of course, is not the reserve of the young only, as middle-aged men with youthful grins and old men with conniving friends whose sole purpose in remaining a soul-mate is contingent upon peeking at the bank account of retirees, reveal and manifest daily.

In the end, the test that has always worked for this writer, is twofold:  First, that sincerity is never defined by more words piled upon a previous set of words, but action which follows to concretize the empty promises of uttered speech; and Second, that everyone in the world can do whatever he or she wants, so long as you are willing the pay the price.  Thus, as to the latter, it is all well and good to say you want to do this or that, but the problem occurs when consequences unfold, and you expect others to pay the fine, complete the obligation, satisfy the debt or expend efforts to extricate from the difficulties created.

For children, there is always an excuse:  Parental obligation and the minor’s claim of not having the maturity to “know better”, compels a feeling of empathy, a reminiscence of remorse, and a hint of guilt for not having spent that extra hour coaching youth baseball or embracing that “quality time” which forever harmed that fragile psyche of that young underling who – by all other measures of objectivity – is described as merely a “brat”.  Of the former, one must simply admit that the American folklore of a fool being born every minute – or was it every second? – is reinforced by our own inability to consecrate the condoning cadence of our corrugated cacophonies of constancy; sorry, but once alliteration becomes engaged, it is like putting a finger on the trigger of an automatic weapon and losing control.

More to the point:  Most arguments are non-substantive.  By that is meant the following:  there is rarely a “real” issue of disagreement, but rather, a mere necessity to renegotiate the words used in order to fit into a puzzle where two or more people interact.  That being the case, most issues that arise, are resolved with more words imparted, which is simply a further negotiation of words upon words in a language game of meaning, reinterpretation and declaration of purpose.

But as being foolish has a price to pay (refer to the Second Rule stated herein), so the need to follow up with a concrete action, instead of more words (i.e., the First Rule stated above) is necessitated when real issues that have an impact and consequence effect upon lives of others.  Most problems in life are self-creations; those who have a greater ability to justify by blaming others, simply get away with it without blemish or repercussions.

For Federal and Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from continuing on in the career of his or her choice, the exception to the above applies:  Medical conditions are never the fault of one’s own, and so Rule One and Rule Two should never be considered.  It is, instead, Rule Three (heretofore unstated) which should rule:  Prepare the most effective Federal Disability Retirement application you can, and file it as soon as practicable, as the wait before the U.S. Office of Personnel Management is long and arduous, but always keep in mind the fodder for our own folly applies to everyone individually, including those within a massive bureaucracy as that of OPM.

Sincerely,

Robert R. McGill, Esquire