FERS Disability Retirement from the OPM: The Fight

Perhaps it is the remembrances of the Ali-Frazier era, or of one’s own childhood where we suddenly broke out into a melee of rash encounters; or maybe one is timid and never provokes, avoids all hostilities, diverts from any potential conflicts; whatever the background, there are fights that we remember, whether as a spectator or as a participant.

Was it the last shouting match with one’s spouse, where bitterness spewed and names were called when, once the butterfly of a stinging shadow left the lips that had been sealed with a promise, a shrug for regret overshadowed?  Was the provocation mere tiredness and stress such that upon the pent-up release of attacking the very one you love, you already felt better and thought, “Now, what was that all about?”

The Fight” is the unreleased energy within, always ready to explode upon the provocation of a volcanic eruption needing the outlet waiting for an opening.  It is when we no longer have “the fight” within us that souls wither, personalities begin to diminish, and the flattened effect of a once-lively self begins to devour itself.  There is “the fight” within each of us, but life, circumstances, and especially medical conditions can begin to dampen, diminish, then destroy that spark of the rebel.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to destroy “the fight” within us, it is time to recognize that staying with the Federal Agency or the particular Postal Facility is an unhealthy situation on top of the medical condition already suffered.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, is not an avoidance of a fight, nor an admission of defeat; rather, it is the last and true fight to win.

It is “The Fight” in order to preserve and protect one’s future, and not to simply walk about from all of that invested energy previously placed so prominently into one’s Federal or Postal career.  And remember that it is always prudent to hire a ringside trainer — an attorney who specializes in Federal Disability Retirement Law — in order to get that “knockout” win by getting your Federal Disability Retirement approved.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: Proof

What constitutes it, and how do we learn of its sufficiency or relevance?

Take the following scenario: A group of boys are gathered together along with Billy, the “town bully”.  A discussion of sorts ensues — who is the toughest kid in town?  Some of the boys offer that “Dave” from across town is the meanest and toughest — a black belt in Hapkido, a state wrestling champion and a middle line backer for the high school football team.  Some others counter that Dave was once beaten up by Joe back in February, and doesn’t that “prove” that Joe is the toughest?

Then Billy suddenly stands up and everyone else becomes quiet.  He starts slowly and deliberatively pounding his right fist into the open palm of his left hand, and juts his prominent chin out in an intimidating manner, and says, “Okay!  Enough of this talk!  How ‘bout me?  Which of you weaklings says that I’m not the toughest guy in town?”

There are multiple sounds of gulps and fearful drops of sweat begin to trickle down the backs of each, and one of the other kids — a skinny little weasel with thick, black-rimmed glasses, suddenly shouts, “That’s proof enough for me!”  Following was a loud and unequivocal consensus of unanimous agreement.

In such a scenario, two things occurred: One — Billy “proved” that he was the toughest kid in town, and Two — all of the other kids took the lesson to heart that the proof of a physical presence and the threat presented was “sufficient” proof, as well as relevant as all get-go.

Thus are all of the components necessary to establishing verification of a propositional truth established: the town bully’s declarative utterance, backed by the force of a metaphorical persuasion (for one would argue that no overt coerciveness was used, but merely an innocent act of pounding one’s fist into the open palm of one’s other hand, and if asked whether Billy “threatened” anyone into declaring him as the toughest kid in town, he would and could innocently declare that there is “no proof” of any such accusation established or verified), and further reinforced by the scientific consensus of his peers and fellow students.

Proof was offered, considered, and accepted in full by a persuasive methodology of a succinct and effective form.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the systematic and methodological “proof” which must be gathered and presented to the U.S. Office of Personnel Management in establishing the Federal or Postal employee’s eligibility and entitlement to Federal Disability Retirement benefits must, of course, be somewhat more sophisticated than the rudimentary — but effective — amassing of proof portrayed by Billy the Town Bully.

Of course, some of the characteristics may still be relevant — of what constitutes “effective” proof; of what works as “persuasive” proof; of what is comprised of proof itself.  But the difference is that, while proof that leads to an approval from the U.S. Office of Personnel Management should last for the lifetime of the Federal or Postal employee, “proof” for the kids who agreed that Billy was the toughest guy in town lasted only so long as the threat presented kept everyone convinced.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation OPM Disability Retirement: Thinking it through

What does the concept even mean?  When we guide the child with such a statement, we are asking that the formative years of impulsive reactivity pause for a moment to try a different approach.

“Think it through” – is an admonition to figure out the tangled web of problems by applying a sequential, logical methodology where frustration should not impede, and when patience becomes the friend of success.

“Thinking it through” is a reminder that there is indeed a solution, but sometimes the problem will only be sorted out if some further time is given in reflective pose, or Sherlock Holmes-like investigative intuition based upon the scientific paradigms of rationality.  Yet, one must also be reminded of the fact that “solutions” to problems do not always lead to satisfactory conclusions; sometimes, there are a finite set of alternatives, and no one of them may be an option that one delights in.

But, then, life is often like that, isn’t it?

We are beset and faced with a challenge; we review them, thinking each one through, and in the end, we face a dilemma where the solutions offered or revealed are not necessarily the ones we like; nevertheless, we must choose, like entering into an ice cream parlor at the end of a summer’s day only to find that all of the favorite flavors are gone and we are left with rhubarb spice and cotton-candy mixed with peanut butter drops – somehow, not the best of combinations and understandably left for those who came too late.

Then, of course, there are the questions for everyone who posits the answers as “thinking it through” – does the person have the sufficient knowledge and preparatory tools to actually figure out the problem?  Or, are there necessary pre-performance insights that must be gathered first, before the proverbial “key” can be used to solve the problem?

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 positional duties, the question of “whether” to file for Federal Disability Retirement benefits is best left to the Federal or Postal employee who recognizes the wisdom of the incompatibility between the Federal or Postal job and the medical conditions suffered.

It is only the “how” to file that needs some “preparatory” work and knowledge; for, that part of it involves the law, the regulatory morass and the bureaucratic complexity of submitting the 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.

For the latter, “thinking it through” may not be possible without the insight and knowledge of a Federal Disability Retirement attorney who specializes in that field of law exclusively.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: Metaphor as the antidote to paraphrasis and reduction

The concept is intended to enhance; it guards against the tendency of deconstructionism and self-analysis, where the initial stages of civilization’s cradle of creativity progresses along a historical regression of questioning and results in cynicism.  Paraphrasis — that need to restate but in different words and altered forms — is a tendency of inherent need to understand and comprehend at a lesser level; for, the original is almost always the greater one in comparative analysis and methodological foray.

Reduction is a corollary of paraphrasis — of attempting to whittle words down to a common denominator of meaning, much like Orwell’s expungement of words in his brilliant novel, 1984, where the totalitarian state would systematically extricate and erase previously known words and concepts.  Do concepts exist without words?  Once forgotten, can they be reintroduced into a world devoid of such constructs?  Do some societies view the universe in ways quite contrary to our own, where parallelism of thought and content fail to intersect because the alien nature of “their” way of thinking is incommensurate with “our” way of viewing the world?

Metaphors are meant to enrich and enhance; it is a uniquely human way of perspective and angle, and constitutes the antidote to linguistic reductionism.  For Federal employees and U.S. Postal workers who are struggling to prepare an effective “Statement of Disability” on SF 3112A, one is well-warned and instructed that the use of a tool in language must be approached with caution, but with a delight to inform, convey and communicate.

In the end, the vast array of tools and substantive pouches filled with magical dusts and sprinkling residues of creative myths — all must come down to the proper usage and effective application of words, phrases, thoughts and conceptual constructs.

For the Federal employee and U.S. Postal worker who must formulate an effective Federal Disability Retirement application, whether under FERS, CSRS or CSRS Offset, the manner one approaches the Statement of Disability, the methodology of logical argumentation, and the legal references needed to cite in submitting a winning Federal Disability Retirement application to the U.S. Office of Personnel Management, may come down to a mere metaphor as an antidote to paraphrasis and reduction.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: The insular world of anger

It must be strange to live in a constant cacophony of anger; of a persistent and unrelenting fire pit, where demons jump from ashen glowering of hot red coals to roaring flames of unceasing rage, and back again and yet for more, ever fuming from the slights and hurts both imagined and real, but never able to escape from the corridors of one’s own making.  It is, in the end, an emotion of self-destructive turmoil, perpetrating a defiance of civility in order to engage in the ultimate self-immolation, but without honor or quietude, and thus left with the emptiness of seppuku without meditative resilience.

You see people like this all around; of venom and unpredictable vicissitudes of hate; they spew their wares on the Internet; always the first to comment, the last to leave well enough alone, and forever stalking the weary and witless in a universe of those seeking friendship.  Perhaps it is merely a show of frustration seeping from a life of powerlessness; or madmen crying desperately for help in a world devoid of empathy or compassion.

Whatever the cause, it is always the effect which is felt by all; and never merely a sidebar where forgiveness can be sought or shown, but only the moonlit loneliness of ineffectual calm where the wisp of rising smoke from the dying embers of passion unrequited remains alive, if only to survive another day.  It is seen and witnessed in the workplace, as well.  Is it the Napoleonic complex? Does the show of weakness only provide a further impetus for greater cruelty?  A quiet word of free advice: Unless there is a compelling reason to tell, don’t.

For Federal employees and U.S. Postal workers who are in 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, it is often a false sense of loyalty and misguided honor that compels the Federal or Postal employee to “tell all” before the appropriate and necessary moment. But that is where reality often clashes with one’s own conscience; for, always remember that people are more complex than first thought, or more likely, of greater simpleton than mere deception can achieve.

The “crazies” are out there; never underestimate that your own Supervisor, Manager or co-worker is “one of them”, and may be that unidentified stalker who lurks in the shadows of midnight owls who stare with unblinking eyes in the veil of anonymity; for, in the end, the insular world of anger remains like the hidden embers kept warm under the concealment of ashes left unspoiled, waiting to singe the fingers which reach unknowingly to begin anew the raging turmoil of a vengeful heart.

Sincerely,

Robert R. McGill, Esquire