Tag Archives: owcp & regular ssi retirement offsets

Federal Medical Disability Retirement: Of Life’s Bindings

What is it that binds us to life?  We are well aware of those things which unbind us — loss of family and friends; major changes; upheavals; divorce; medical conditions.  The things which unbind us from life are those which create havoc, extend joylessness beyond mere momentary emotions, etc.

The things which bind us to life are those events, encounters and elements which enliven us, reinvigorate our spirits, and compel us to a level of energy which declares to the world, “I am alive. I want to contribute.”

Of life’s bindings: Helping young people to find their bindings of life; Of learning how to maneuver through the maze of complexities and challenges which daily living brings to the fore; Of having a special relationship with others; Of having a loyal dog beside you; Of work which is satisfying, and of which you are competent and successful; of health.

The last of these are often taken for granted; yet, it is always the first on one’s list of life’s bindings when it begins to fail.

For Federal employees and U.S. Postal workers whose health is beginning to fail, and where the failure of health impacts one’s ability and capacity to continue in the career of a Federal or Postal employee, the time to consider preparing an effective Federal Disability Retirement application for submission under FERS to the U.S. Office of Personnel Management is — now.

Don’t wait until the primary basis of all other of life’s bindings begins to fail — of one’s health — where the dominos begin to fall and knock down all other of life’s bindings.

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.

 

Postal & Federal Employee Disability Benefits: Consider the Alternatives

It is a cognitive activity which we must all do — or, at the very least, which is forced upon us even when we don’t want to.  It is interesting how some people are simply unable to engage in the mental process of such consideration — whether because they were never “taught” how to sequentially weigh and prioritize, or because the “making” of the decision puts too great a finality upon one’s life.

In either case, it is often necessary to consider the alternatives, then to make a decision, then to act upon the decision.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits, the foundational basis in coming to a decision to file for Federal Disability Retirement under FERS, through the U.S. Office of Personnel Management, consist of a 3-fold question:  How is my health?  Can I make it to “regular retirement”?  If I continue in my present circumstances, will my health suffer such that if I make it to regular retirement, I will not be able to enjoy it?

In the end, considering the alternatives is a matter of prioritizing one’s life — of health versus work, of now versus the future, of values versus things, etc.  To become better informed in order to properly consider the alternatives, contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and take that information in making the proper decision for your life, your future, and the alternatives which you may not even know about.

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.

 

FERS Disability Retirement for Federal Employees: Point Guard

He is the captain of the team; the one who sets the course, the pace and the rhythm of the group, whether on offense or defense.  Whether for a “set” play or an ad hoc fast break requiring creativity and quick thinking, the point guard directs, plans, initiates and commands.

If he hogs the ball and fails to dish out to the open play maker, he falls short in his role and endangers the emotional character of the team by allowing for resentment and loss of confidence. If he becomes reluctant in taking the open shot himself, or takes it and doesn’t score, he allows for the potential loss of confidence in himself.

The point guard, in short, is the most important position to fill in the most competitive of group sports: basketball.

Similarly, in an Federal Disability Retirement case, who directs, commands and coordinates the amassing of the necessary documents?  Who is in charge of directing the legal arguments to be made?  Who will initiate the process of preparing, formulating and filing an effective Federal Disability Retirement application through the defensive giant of the opposing team — the U.S. Office of Personnel Management?

Contact an attorney — your point guard — in preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employee Disability Retirement: The Flower and the Bee

From an objective viewpoint, they represent a disparate set of entities.  On the face of it, they have nothing in common.  Yet, it is the symbiotic relationship that allows for pollination and propagation, and the nexus between the two is a necessary relationship between the two in order for new seeds to be generated, and for a thriving environment to continue to flourish.

How that “connection” between two dissimilar entities is developed, is a natural order originating from unseen forces; but how we have come to recognize the nexus is through observation, experience and logical analysis.  Much of what we do, see and pass by are similarly connected, but of which we fail to recognize the intersections.

Filing for Federal Disability Retirement benefits through OPM is often like that — of being denied simply because we fail to see the logical connections.  We believe, for example, that submitting old medical records that date far back would show how long we have suffered, but fail to see the connection that it might also reveal the converse: That, despite the medical condition, we were able to successfully perform our jobs.

Consult with an OPM Disability Attorney who specializes in FERS Medical Retirement Law and recognize the nexus that must be developed; and like the flower and the bee, begin to develop the connections necessary in order to pollinate a successful Federal Disability Retirement filing.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Denials: Selective reasoning

Of course, we all engage in it; some, merely by withholding certain known facts; others, by emphasizing and asserting portions of the logic employed while ignoring or deliberately averting the focus of other aspects.  Selective reasoning through deliberate omission is the height of pragmatic oppression; for, when it is accomplished with knowledge and self-admission of premeditation, it involves a mind that knows the difference between proper application of logical reasoning and the intentional misrepresentation of facts.

We engage in such folly during the course of normal fights and argumentation; for, to win is the basis of arguing, and the ends often justify the means.  Logic is a learned tool.  It is the foundation of sound reasoning.  It is not an inherent, in-born or even in-bred character of man, but it can bring out the evil therein.

As a tool, those who are good at it have a greater responsibility to use it wisely, honestly and with proper motives.  It is the “selective” part of the reasoning that makes for honesty of dishonesty in the reasoning process, and the anomaly and irony, of course, is that the process itself — of reasoning — necessarily involves selectivity, for logical argumentation encapsulates proper and effective selection of facts, syllogistic approaches and propositional logic all bundled into one.

The U.S. Office of Personnel Management engages in selective reasoning, and their denials of Federal Disability Retirement applications reveal a level of such selectivity that one must conclude that it is being done intentionally and with deliberate knowledge.

Beware of denials; for, they try and make it appear as if you never had a chance to begin with in your FERS Disability Retirement application. OPM will selectively choose to extrapolate from various medical reports and records, and fail to mention or highlight the selective portions omitted, then reason that there was “insufficient” medical evidence despite facts and rational argumentation to the contrary.

Do not despair, and do not simply allow for the 30-day time period in which to file for Reconsideration to lapse; for it is precisely such selective reasoning that is meant to discourage, and to make you think that the denial is dismissively disproportionate so as to justify giving up altogether — which is precisely what their selective reasoning is meant to accomplish.

Sincerely,

Robert R. McGill, Esquire

 

Federal Medical Retirement under FERS & CSRS: Static

It is the lack of movement or change which is the undesirable aspect of anything, and not necessarily the thing itself.  Perhaps there was never anything wrong with the substance or essence of the thing; the person remains, and yet, the lack of progress, the inability to move forward, the unresponsiveness to the contextual alterations and modifications — the world around changes, but the singular resistance is in and of itself that which negates.

Being “static” — of the lack of movement or change — is normally thought of as a negative perspective upon an entity.  It would be one thing if the nature of being static were to be an appraisal upon, say, an Aristotelian type of “god”, where the so-called Unmoved Mover is “static”, but all else constitutes a universal movement, but of a specific kind: movement towards the perfection of the Unmoved Mover.  But that is not what we are referring to when we speak about being “static”.  Instead, most of us ascribe a negative connotation, as in, “the inability to change or adapt when the context and circumstances necessitate it.”

That is often the problem with Federal and Postal employees who suffer from a medical condition, where the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal position.  For, the person him/herself has not really “changed” — aside from the medical condition itself, the essence of “who” the person is has remained static.  However, the circumstances have altered, in that one’s physical or cognitive capacity and ability have altered, normally in a way that no longer allows for a congruity or consistency with the type of positional duties required of one’s job.

Thus, in such a context, to “remain static” becomes a negative component of life, and requires and necessitates a modification of sorts — and preparing, formulating and filing an effective Federal Disability Retirement application, filed though the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS offset, is the first step towards breaking away from the negative mold of “being static”, and like the disruptive sounds that crackle like static electricity over a phone line or the sudden shock one feels when wearing a wool sweater, being static can only lead to worsening conditions if one delays in preparing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement: Foreground-background

Perspective is always an important component in all that is seen, done and accomplished.  For, without it, a self-contained sense of importance in light of irrelevance and insignificance always seems to dominate.

Seen from afar, standing in the background, can we always determine that which constitutes the background, as opposed to the foreground, of an individual or perspective some distance away?  Does a myopic vision constrict and further complicate, where we miss the details some distance beyond and make assumptions and presumptions to the detriment of a more “balanced” viewpoint?  Or, what of “tunnel vision”, where the peripheral views are restricted, and we are left with a centrality of focus but lacking in taking into account the contextual surroundings often necessary to determine a more accurate assessment?

In appreciating a painting or a photograph, does shifting one’s vantage point make a difference, even when the reality of the object observed reflects a one-dimensional canvas covered with colors and pigmentation which alters not despite nearness or farness of viewpoint?  Of the child who has not yet figured out the difference between a bucket and a photograph of a bucket – and raises himself on his tiptoes to view what is inside of a bucket upon a table, and does the same when viewing a picture of one (or in a supermarket line in trying to discern the cleavage of a magazine’s cover), is it important to recognize the distinction between foreground and background, and if so, at what age and why?

How does one attain a level of balanced perspective, and who determines when such achievement is arrived at?  Are we just born with the capacity and ability to calculate, assess, evaluate and analyze, and the natural outcome of conclusions derived are to be entrusted merely because “it is so” and the innate character of inherent superiority of man’s solutions can be applauded?  Does unwavering certainty by tone of voice and utterance of words deserve no suspicion of questioning?  Or, if a person comes along and says confidently, “Trust me”, we are to do so merely because – what?  If we walk through a dark forest and see afar a clearing where the sun has opened a spot of visual beauty, does it matter what constitutes a foreground as opposed to a background when the undisturbed scene asks not a question of impertinence or care?

In every situation, one’s background should be taken into account, in determining the relevance of the foreground to be assessed.

For the Federal employee or U.S. Postal worker who intends on preparing 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, the importance of “how much” background to impart must be balanced with the foreground to be detailed, and it is always the combination of both which will determine the ultimate effectiveness in the preparation, formulation and filing of a Federal Disability Retirement application.  Foreground provides for the content of a background inserted with instrumental brevity, and too much background can dominate to make the foreground appear less compelling.  Perspective is always important, and a reasoned balance between background of a case, providing contextual information to understand the foreground of the narrative, is essential in the effective formulation of a Federal Disability Retirement application before the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The speechless silence of treachery

Treachery must by definition remain speechless; and it is in the silence of back stabbing in the cloak of darkness that one’s malevolent intentions become known.  In war, the act of such duplicitous betrayal is termed as an offense justifying execution; in business, the meter of rascality on a pendulum of public opinion ranges on a spectrum of embezzlement, insider trading or a keen sense of capitalistic endurance; and in friendship, it is merely the weeping vicissitudes of emotional upheavals.  It is the faithless double-cross of dual lives; of informants tipping the scale to the advantage of one’s sworn enemy and allowing for massacre of innocents to occur.

Where does conscience fit in, and where do scoundrels scurry to when the open light of day shines the revelation of actions deceitful like the snake in the grass and the insidious cannibalism of overturning honor, dignity and a snow-white heart of an eternally blackened soul?

To turn one’s back against friendships previously thought to remain inviolable and eternally of faithful concerns; to whisper secrets into corners blocked by history, hatred and enmity of ethnic cleansing; but to engage in such treachery requires a context of fidelity and honor without vice, where a society’s norms and conventions of acceptable behavior provide the fodder for allegations of misconduct; the question is, Do we have such constraining rules of engagement, anymore, to argue for a viable charge of treachery?  Or, has language subsumed all, and opinions are elevated to the level of moral equivalency, such that the speechless silence of treachery means nothing more than the din of cackling laughter reverberated down the hollow corridors of timeless dissent?

Rare is the person in modernity who holds to obligation more than to personal desire and self-satisfaction; and if profit for one’s own constitutes the sum total of a moral foundation, why not treachery?  But then, Why in speechless silence?  Or, is there something innately refutable, instinctively discernible, in an act of malevolent double-crossing, such that even by acts of Wittgensteinian language games where contingency of meaning of verbs and adjectives still rise above the linguistic gymnastics of twisted minds?

There are dangers in lives of duplicitous bifurcations; beyond the spy who comes in from the cold, for Federal employees and U.S. Postal workers who begin the process of preparing, formulating and 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, the question often queried is:  When, and to Whom, does one confide?  The natural follow-on question is:  Of What, and to which extent?

It is peculiar how the administrative process of Federal Disability Retirement brings out into the open light the verbal distinction between “friends” and “true friends”; or, “allies” and the counterpart, “real allies”.  There are few rules to follow when considering the dangers inherent in the speechless silence of treachery, and preparing, formulating and filing for OPM Disability Retirement benefits almost always reveals that traitorous acts are not limited to the fields of war, and silence left speechless should never result from surprise attacks engaged from corridors left unsuspected by innocent utterances.

Sincerely,

Robert R. McGill, Esquire