FERS Disability Retirement from OPM: Failure of Proof

What does it mean to “fail to prove” something?  Who, in the end, determines such a “failure”?

A benefit which is part of being a Federal or Postal employee — OPM Disability Retirement under the FERS system — must of course include “proof” that the Federal employee or Postal worker is no longer able to perform one or more of the essential elements of one’s Federal or Postal job; but what constitutes failure in meeting that burden of proof?

The U.S. Office of Personnel Management, of course, is the “gatekeeper” at the Initial Stage of the Federal Disability Retirement process, as well as the Second, Reconsideration Stage of the process.  The “safety” mechanism is that, if OPM denies the application for Federal Disability Retirement at both the First Stage as well as the Second, Reconsideration Stage, a Federal Disability Retirement applicant can file an appeal with the U.S. Merit Systems Protection Board — taking it out of the hands of OPM and placing it before an administrative judge for an administrative, telephonic hearing.

For, OPM’s methodology of “proving” that there has been a “failure of proof” is by selectively choosing everything undermining a Federal or Postal Disability Retirement case, then proceeding to make conclusions based upon those selectively chosen bases and ignoring everything else.  It is, in the end, not a failure of proof that defeats an OPM Medical Retirement submission, but more often than not, a baseless claim by OPM that proof by a preponderance of the evidence has not been met.

To counter this, contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and meet the baseless assertion of a failure of proof by proving that the failure was a failure of proper adjudication.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement under FERS: Forgotten Lives

Is it the memory that retains importance, or the fear that erasure leads to irrelevance that motivates us to prevent forgotten lives?  Does imprint upon history — whether in a footnote or an “honorable mention” in the epitaph of an unvisited tombstone — mean so much?  Does a reference in a Wikipedia listing count as a counter to a life lived in anonymity?

Most of us accept that we will not leave behind a greater imprint upon history’s rising trash heap of honorable mentions; and, except for dinner conversations amidst family gatherings, where someone might bring up a story that begins with, “Hey, remember when Uncle X was with us, the time when…” — we are left to memories forever fading and references served only by the ivy that grows over graveyards left unattended.

How important is it to maintain a semblance of relevance in a world where the 15-second timeframe of fame and one’s forever-statement of contribution to society keeps getting shortened because of the need to move on to the next and more titillating cause of excitement?

One wonders whether a person clings to doing something merely in order to avoid erasure from existence from the memories of those engaged.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition impacts the Federal or Postal employee’s ability and capacity to continue working in the chosen field in the Federal or Postal sector of employment, the issue of making a decision to prepare, formulate and file an effective Federal Disability Retirement application under FERS is often inextricably tied to the emotional upheaval of forgotten lives.

When one’s purpose and motivation for daily living is so intertwined with one’s career, work and the daily relevance of a mission yet to be accomplished, it is a difficult step to take, to recognize that one’s contribution to society may be coming to an end, resulting in forgotten lives and erasure from relevance.

But always remember that priorities must always be assigned, and the priority of one’s health comes before any fear of an honorable mention in a Wikipedia footnote, and just as there is life after a career with the Federal government, so it is also true that history is replete with the unnamed and unmentioned contributions of forgotten lives forever extinguished.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Nonsense confiscates meaning

It obviates and nullifies it; often, it will make impotent that which once maintained vibrancy and efficacy.  That is where Orwell misconstrued the power of nonsense; for, in his classic novel, 1984, the scene which discussed the production of the newest edition of allowable Newspeak words and the reduction and elimination of certain concepts — he failed to realize that it is the greater dissemination and wide volume of words which undermines meaning, and not the other way around.

By exponentially adding — by quantitative overload — to language, we undermine the precision of language and thereby create a chaos of nonsense; and the result is that nonsense confiscates meaning.  Have you ever come across a person who takes a paragraph to convey the meaning of a single word?

By contrast, when you meet an individual who so succinctly states an idea and, with the sword of a sharp sentence, can slash a page to within a tidbit of profundity, you realize the benefit of brilliance over the darkness of ignorance.  Succinctness, precision, concise conceptual bundles — they are all important in conveying proper meaning; and “meaningfulness” is what persuades, while nonsense confounds and makes a conundrum of that which should be a vehicle of clarity.

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 Applicant’s Statement of Disability — SF 3112A — is the vehicle by which “meaning” is delivered.

Do not get sidetracked with the nonsense of too much explanation; and an overly abundant profusion of nonsense may in fact harm one’s case.  A balance between the short “bullet-point” approach and a meandering diatribe against one’s agency needs to be pinpointed.  Do not let nonsense confiscate meaning, thereby undermining the ultimate goal of a Federal Disability Retirement application: To obtain an approval from the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS: Those cracks we avoid

Remember the superstition of cracks in the sidewalk?  How we used to avoid them for fear of calamity, and worse yet, of the hand that reaches from beneath the bed late at night when parents are fast asleep and the screams that curl the midnight silence may never be heard because the world is not quite what it appeared to be?

Or, as we are walking along the normal route of direction, to get from point A to destination B, our thoughts as a child were: If I hop over the pebble on the road, suddenly and without any notification of precursor in judgment, the fate and destiny of the entire universe would be altered, because what was meant to never happen was changed by the course of my behavior that was never predicted, never meant to be, and failed to follow the normal course of a destined future.

And so, the child who nonchalantly walks with his parents suddenly, and without explanation, jumps up into the air and lands on the other side of the cracks we avoid.  In that moment — did the future change? Did the fate of mankind become altered forever?  How would we know?  Is the child who steps over those cracks any different from the adult who believes in falsehoods — and who poses the greater danger?  Where did we get those beliefs, and how did we come to accept them?

For Federal employees and U.S. Postal workers who by necessity must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, the care which one must take when making decisions in preparing, formulating and filing for an OPM medical retirement can be likened to those cracks we avoid: is the information gathered and relief upon “true”?  Have you been told the “right” things?  Are your sources dependable?  Or, are you proceeding along a path and stepping upon those cracks that should be avoided?

Consulting with an attorney who specializes in Federal Disability Retirement Law is a decision which each individual must make based upon particularized circumstances; and if it is only to avoid those cracks we see — or cannot foresee — it is well worth it to separate the superstitions from the truth of an unavoidable reality.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Refurbishing the emptiness of existence

It is not quite like fixing up the living room, rearranging the furniture in the family room, or even remodeling the bathroom; for, in the end, the soul that feeds upon the emptiness of existence must needs be replenished with things beyond mere material goods; it must be sustained by the worth and value of that “something” transcending gold, emeralds or even the riches of self-satisfying egocentric accumulations of treasures beyond.

The refurbishing of the emptiness of existence hits upon each of us at some time during our short and brutish presence upon this world; and for some, it is the coldness of responses received that dismays and often destroys.  We can rearrange the furniture on the deck of the proverbial sinking ship, but the cold reality still remains when that foreboding sense of solitary loneliness continues to overwhelm us.

Existence is a reality that we had no voice about; emptiness is a choice that comes about through failings of our own, as when others have determined that friendship, kinship, affinity and affection are not worth pursuing — at least, not with you.

We have a lifetime to foster human relationships, and yet, sadly, most of us keep burning the bridges that have been constructed, severing ties that once bonded one another and set out to destroy any shadows that follow upon the warmth of human linkage.  We like to “remake” ourselves; to “win”, to “defeat”, to be the victor in all worthwhile endeavors.  Then, at the end of life’s work in progress, what are we left with?  Emptiness and loneliness.  Was it all worthwhile?

For Federal employees and U.S. Postal workers who have this sense of it all — that a medical condition has pervaded, has impacted and prevented you from performing one or more of the essential elements of your Federal or Postal job duties — it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

It may come at the very moment when you feel as if you need to refurbish the emptiness of existence or, more likely, it is because the medical condition that is overwhelming you has forced the issue.  Often, when life appears to need rearranging, it is the other guy who is in the process of refurbishing his or her emptiness of existence, and it has nothing to do with you; you need to do what needs to be done because others will not recognize the value and worth that you have all along been working so fervently to create and maintain.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Retirement Claims under FERS and CSRS: Rebirth

The term and the conceptual attachment possesses a connotation that is often repugnant to atheists and pagans – although, if reincarnation and a circular vision of regeneration of life are the belief-systems embraced, the declaration of “rebirth” or being “reborn” are not that foreign.

It can, too, have a very elementary meaning, to encompass merely a “new beginning” or a sense of transcending or climbing into a different stratosphere of thinking; sort of like “thinking outside of the box”, or of entering a “different phase” of life.  That, too, is interesting, is it not – where we never think in terms of “descending”, but always of “ascending” – as if the former is always related to death, catacombs and unmarked graveyards with cemeteries full of weeds and overgrown ivy?

Rebirth is physiologically an impossibility, and thus do we ascribe to a cognitive or spiritual transference where change is often dramatic, originating from a trauma of experiences that must be left behind.  But the experience itself – of a rebirth – can come about in a mundane, systematic, thoughtful and often enlightened means by nothing more than mere cadence of monotony – retirement; having children; getting married; becoming old; moving to a different country or even across a state line; these, too, can constitute a rebirth.

Or, how about adopting a dog from a rescue kennel and giving it a “rebirth” of sorts – doesn’t it reverberate back to the rescuer as well?  What we find when we do that is this:  We believe we are doing the “favor” for the abused animal, when in fact it is often the very reverse, where the animal brings out from within us a capacity for caring, empathy and love that we would otherwise have never known, and that, too, is a form of rebirth.

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 – can that, too, be a form of rebirth?  It all depends upon the attitude of approaching such a “next step” – Is it to escape, or to refocus?  Is it an indicator of a reshuffling of priorities?  Will it allow for an easing of debilitating pain and allow for a journey to attain a plateau of rehabilitation, such that a second career or further vocation will be possible?

Surely, rebirth is a wide enough concept to encapsulate a pathway through the bureaucratic morass of getting a Federal Disability Retirement application approved, and why not?

After spending years trying to hide the medical condition and the symptoms that naturally go along with it, moving on to the next phase of life can be nothing more than a rebirth, of sorts.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The din of silence

They are opposites, and yet they can confer meaning and communicate conceptual clarity by the very usage of simultaneous reflection in conjoined placement within a singular sentence of repose.  Can silence be of such tumultuous unnerving, and a confusion of loud noises be characterized within the context of its opposite, and still retain a clear sense of meaning?  Would it make the similar, mirror-image sense if we transposed and flipped those same words, and instead spoke about the “silence of din”?

That makes it sound like a movie title, or a short story encompassing a mysterious foreign land where Zen monks chant within the quiet gaze of an assassin’s eye.  But there are times when silence becomes so overwhelming in its quietude, that truths become revealed and concealed perspectives are suddenly manifested, and it is during those moments of enlightening revelations that realizations of necessity come to the fore (or, perhaps, it merely means that our stomachs are rumbling and we are merely hungry).

To paraphrase Bertrand Russell, the ever-mischievous agnostic, who once quipped that when a person thinks that questions of eternal salvation, the need for a higher being and questions of profundity encapsulating transcendent issues and metaphysical concerns begin to invade and come to the fore, it is probably nothing more than indigestion and a good pharmacological prescription pill should take care of it.  But it really does not work the other way, or make any sense, does it?

There is no “silence of din” – the latter is just that, a tumultuous cacophony of deafening onslaught, and that describes most of living in modernity, where the search for a slice of silence within that din is like a breath of eternal sighs in exasperated tones of forgiving acrimony.

But there is a “din of silence” – that moment when we can stand in the unprovoked thoughts of our own reflections, when we can remove ourselves for a slice of contractions where pain cannot reach and confusion will not confound, and it is in the monastic paradigm of clashes where worth and value coalesce, when thought and action extend, and how the true essence of a person becomes revealed in a moment of naked reality.  But then, the real world comes crashing back, and we awaken from the slumber of transcendence.

There is, often in the momentary timelessness between reality and slumber, a realization of that which needs to be accomplished in order to move forward.  That is the point when the Federal or Postal employee, who experiences the pain of a medical condition, must decide as to whether to continue in the same modality as the “rest of the world” in trying to just survive, or to “move on” to another stage of life.

It sometimes takes the din of silence to figure that out; but for the Federal or Postal employee who suffers 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 the Federal or Postal position, it is never advisable to wait for the din of silence before deciding to file a Federal Disability Retirement application with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset; for, in the end, you may end up in the silence of din before achieving the peaceful repose of the din of silence.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: The importance of not

We go through life applauding always the forward progress of things remembered, projects completed and issues resolved; but all throughout, the negation is forgotten, the sullied bystanders shoved aside, and the nothingness untethered, are never recorded in the annals of trumpeted narratives.  It is, in the end, just as important not to do X, if such negation results in a consequential Y intended and foreseen, as it is to embrace a positive-W which will follow a similar and parallel course towards self-immolation.

We place so much relevance and importance upon doing and succeeding, and forget that much of life is refraining, restraining and possessing the discretion of not; but because negation is a nothingness subsumed by anonymity, it is only the blaring signification of self-aggrandizement which results in notice and promotion of purposive entailments.  How many of us recognize the importance of not?

For Federal employees and U.S. Postal workers, this is an important component and element to consider when 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.

We spend so much time and energy in wanting to spew forth the narrative of our lives; but life responds more to Iona Potapov’s quiet refrain, in choosing the content carefully, and biding the time for the right context; and when importance of substance and weight of relevance guides the necessity of doing, it is the vacuity of nothingness, the spaces in between, the void separating, and the vacuum surrounding, which is often of greater determinism in the fates of our lives unsheathed.

For the Federal or Postal employee who must prepare, formulate and file an effective Federal Disability Retirement application through OPM, remember that the things left unsaid, unstated and undone, are sometimes as important — and even more so — than a rush to release all and reveal the compendium of every inner thought and ravage of timeless venting.  As most wrongs in life are correctable, so mistakes submitted to OPM are likewise as much, but the one mistake which cannot be amended is to place blinders upon the eyes of those having seen, have been allowed to view, and of information already released through the unconstrained folly of life’s misgivings.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Conversation of one

Are we the only species which engages in it?  Do we ever see a dog standing aside and participating in such a phenomena?  Or a cardinal pausing in its morning melody of exuberant sing-song in order to address a non-existent other?  And, it isn’t even an artifice or convention for which the actor is being paid, as in an “aside” or a “soliloquy” where private thoughts are spoken aloud for the benefit of the audience, but where others in the drama act “as if” such thoughts are unspoken and shared not.

But we engage in such dialogues of diatribes:  with friends whom we practice in order to share; of spouses concerning the most intimate of matters; of bosses and coworkers to whom we failed to respond at the crucial moment, but now vent by a conversation of one of that which we wished we had said, desired to rebut, and cared to ponder.

The proverbial quip, of course, is that we are “okay” so long as we have such unilateral dialogues; it is only if the imaginary “other” begins to respond, that we then must consider the state of our own sanity.  But such colloquies occur daily, and throughout life; in quiet moments of reflective self-searching; of what we “would” have said, could have uttered, and in retrospective fashion, desired to have conveyed.

The conversation of one is often never shared; once exhaustively vented, it withers away like the ashes from a once-roaring bonfire, consuming all of the human detritus piled in anger, disgust and resentful remorse, then with watchful eyes applauded as the engulfing flames consume the aggregation of the collective angers, hurts and inflicted bruises of a shattered inner self.  It is sometimes the tool in preparation for a necessary confab; or an exchange with a worthy opponent; and where ad libbing without proper preparation is acknowledged to result in likely disaster.

The conversation of one — we have all had them; with parents and siblings; of sons and fathers; and for cardinals who chirp in the morning glory of a dew-filled mist in the obscured world of linguistic artifices constructed upon vacuity of purpose, it is the beauty of a filled universe without the complexities of human drama unfolding, that makes for worth and value.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, however, the need to have that conversation of one is often a prerequisite precisely because medical conditions comprise the most private of concerns, and absolute confidentiality must be adhered to and the strictest of trust kept.

Attorneys have an inviolable rule for trust, confidence and confidentiality, and privacy concerns should never be a question.  At some point, that conversation of one needs to be expanded to include an exchange involving proper medical documentation, the statutory criteria, the legal strategy to pursue, and the content and context of what must be included in order to prepare, formulate and file for an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Preparing an effective Federal Disability Retirement application through OPM, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, will often begin with a conversation of one, and that is understandable; but if it remains a mere soliloquy, as in a Shakespearean play where each in an audience believes that he or she is the sole soul who heard it, then it will remain merely as the unconquered thoughts of countless past warriors who gave up lives for a cause left in futility, and where the present is never confronted, and the future left unsecured.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal & Postal Employment: The Scraps of Life

But that primary utility and first considerations were always so; if we were inanimate objects able to compete, we would raise our hands and volunteer for the front of the line just to be recognized and implemented.  We whine and complain that the dignity and the essence of each soul should be treated not merely as an end, but a means, and thereby treated with respect and empathy.  But of our actions; how we respond; what we are willing to surrender in order to be used as mere fodder for the foul play of fantasies left as scrap heaps of history?  Are we useful?  Of what good are we?  Do we make a difference?

Such questions become the mindful focus of determining the worth of our being.  Perhaps it is the ingrained determinism of the hunter of yore; that the pursuit of the prey in that pool of genetic yonder era when Darwinian structures compelled the need for vainglory conquests; but in the age of quietude of purpose, where civilizations have settled in cultivated corners of sophisticated inaneness, the need to be recognized and judged as useful still follows upon the self-awareness of one’s relevance in life.

The scraps of life — do we see ourselves as such; like the leftovers unappetizingly shoved aside on a plateful of greasy refuse not even considered by poverty or despair?  How does it “feel” to be forgotten in the dungeons of abandoned corners, left as irrelevant and useless remnants in a society which declares worth and value by the monetary assignation on a gold standard no longer applied?

Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition no longer allows the Federal or Postal employee to perform all of the essential elements of one’s positional duties — they know well the feeling of what is meant by “the scraps of life”.  For, the Federal employee or U.S. Postal worker who no longer can show the fullness of productivity, prove the worth of fulfilling the “Agency’s Mission” or meet the daily quota of processing the voluminous mountains of mail — it is, indeed, the treatment of the human being as merely an end, and not as the means for a society unconcerned with dignity or respect.

Filing 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, is often the only option left, in order to be allowed to “move forward” with life.  For, in the end, it is the next phase of life, the chapter following, and the “new and improved” menu for the visiting dignitary and wide-eyed tourist, that matters most.

And for the Federal employee or U.S. Postal worker who must cast aside the plate of delectable gastronomics now left as the scraps of life?  Preparing, formulating and filing an effective OPM Disability Retirement application — that is the way off of the plate, and into the furnace of a future uncertain, but surely of greater relevance than to be suddenly lifted and placed beneath the table for the waiting pack of dogs to devour.

Sincerely,

Robert R. McGill, Esquire