OPM Disability Retirement under FERS: Life Patterns

Every animal has a pattern or rhythm; and so, by studying such behavioral patterns, we can ordinarily predict, with some amount of accuracy, future responses and reactive inclinations.  Human beings are the one species where, purportedly, if a pattern is detected early, deliberative alterations can be initiated; or, at least that is the theory.

In reality, most people are unable to break from the patterns of their lives.  We apply various euphemisms to explain away our inability to alter self-destructive behaviors — and call them “addictions” or childhood “traumas” and early-developmental imprints which cannot be easily cured.

So, in the end, it turns out that we are not much different from other species, and our DNA seems to be as entrenched in our behavioral predictability much the same as the Cheetah or the Chimpanzee.

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 all of the essential elements of his or her position with the Federal Government, the question to ask is: Is the life pattern of ignoring the medical condition and pushing forward while your health deteriorates — is that a life pattern you want to continue?  Or, should discernment that obtaining a Federal Disability Retirement benefit will break that life pattern so that you can focus on your health — is that a possibility?

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and see whether or not you will be one of the unique few who can identify a self-destructive life pattern, and break out of the mold of Cheetahs and Chimpanzees.

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 from OPM: Before and After

Do you remember those old pictures on the advertising pages of various magazines?  Or, perhaps they are still there?

Whether for diets, some “Atlas He-Man” powder to build muscles; where the “before” picture is always grainy and indecipherable; whereas the “after” photograph is of a beaming, smiling, clearly and visibly an ecstatic person, satisfied and happy with the product and the end results.

comparison of the two — the person “before” and the individual “after” — is always of dubious quality (at least with respect to the “before”), and triggers the question:  Is it the same person?

But the question itself is somewhat irrelevant — for, of course, in one sense, it is not the same person; the person “after” is different because that is the whole purpose of the advertisement, to convey to the reader that the person “after” is a different person from the person “before”, and the photographs are meant to show you the difference.

So, is it false advertising if the person photographed in the “after” picture is not the identical person as the one shown “before”?

In one sense, it obviously is, because the advertisement is trying to persuade you that the product being sold is what caused the change, and surely if you photograph the “before” person as being the same — but now different — as the “after” person, some semblance of subterfuge was engaged in.

On the other hand, if the whole purpose of the advertisement is to convince you that both the “before” person and the “after” person (both of whom presumably used the product being sold) are, in fact, “different” from one another, then how is it that there is any falsity in the advertisement?

For Federal employees and U.S. Postal Service 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, clearly — and without false advertising — there is a difference between the “before” and the “after”.

Before the medical condition, the Federal or Postal employee was a vibrant, productive worker.  After the chronic medical condition — well, the clear necessity to prepare an effective Federal Disability Retirement application under the FERS system tells the whole story.

Contact a FERS Disability Attorney who specializes in OPM Medical Disability Retirement Law, and let not the dubious advertising of those “before” and “after” photographs in those old ads detract you from pursuing the need for FERS Disability Retirement benefits before the after of the debilitating health conditions worsens and goes too far.

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.

 

Federal Disability Retirement: The Socratic Method

It is a lost art; a contribution from the vestiges of Western Philosophy which was once the pinnacle of an admired approach.  It is a cousin of another from a quote attributed to that “first philosopher”: That an unexamined life is not worth living.  Together — of an internal examination coupled with an external analysis — they constitute the basic foundation of knowledge and the pursuit of truth.

High schools have abandoned the approach; colleges avoid it as being too time-consuming; and in the end, we have just become a polemical society drowning in our own indoctrination of thoughtless regurgitations of convenient soundbites.  For, the Socratic Method is that which the child first begins with: Why?

It is the question based upon curiosity, of a natural desire to seek the Truth.  It is, furthermore, a refusal to accept an answer of why and how we do things, of what we assert to know, “just because”, and instead, to keep pushing to the outer limits of knowledge until certainty and certitude are attained.

That is why, for Federal and Postal Office employees 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, a call to a competent attorney will result in being subjected to a form of the Socratic Method: Questions in order to ascertain whether or not you are eligible and entitled to Federal Disability Retirement benefits.

For, in the end, the truth of your Federal Disability Retirement case must be able to overcome the obstacles which the U.S. Office of Personnel Management will be placing in your pathway.

Contact a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS by engaging in the ancient methodology of the Socratic Method.

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.

 

Federal Disability Retirement: The Black & White Film

What is it about the old films which retain their attractiveness?  Certainly, Hitchcock made optimal use of the genre — of shadows and dark corners; of shades and gray areas, contrasting good and evil.  And things didn’t stand out as much.  It reflected a time of greater modesty where individuals didn’t stand out — for, everyone and everything being grey and indistinguishable from one another, it rejected the colorful phenomena of individualism.

High Noon” reflected that sense of modesty; for, while the star and main character prevailed in the end, Gary Cooper was an unassuming individual without great physical presence nor any outward characteristics which manifested anything extraordinary; however, his inner character is what was in full display.  As a film in Black & White, only the character within began to reveal itself as the film progressed — of stubborn integrity; of a sense of duty; of an obligation both to himself and to a greater sense of justice.

By contrast, if a remake of the film were ever to be attempted, this would be included in “High Noon — the Remake”: A muscular main character, with ripped shirt displaying cuts and abrasions; a couple (at least) of “bed scenes”; probably a look back at the main character’s childhood to provide some psychological trauma to engender sympathy; and in the end, the rationale for staying was because the town was willing to pay him a cash bonus — not because of any sense of duty or obligation.

For Federal employees and U.S. Postal Service workers who suffer from a medical condition and need to file for Federal Disability Retirement benefits under the FERS retirement system, “High Noon” is the metaphor for the state that you currently find yourself in:  Of having to face down your agency; of holding your Agency off until you have had the chance to prepare, formulate and file for your Federal Disability Retirement benefits.

And it would indeed be nice if it were still a film in Black & White, where no one notices that you can’t do all of the essential elements of your job, anymore, because you remain indistinguishable from everyone else.  But, alas we are now in the world of color, and because of that, you may want to contact a Federal Attorney who specializes in FERS Disability Retirement Law, where the Black & White Film is no longer available except in those special editions of the Criterion Collection.

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 for FERS employees: Poetry and Prose

The objective world reflects the insular mind; and though we expend less and less energy in modernity to engage with the former, the latter nevertheless continues to reflect the former.

Poetry is to the objective world as the morning’s dawn allows for clarity of thought.  The scent of a rose; the first snowflake; a rainbow after a thunderstorm — these and more represent the poetry of the objective world.

Prose is the rest of life — of the long and sluggish days in work and solving problems; of slogging through an especially difficult time; of marriage, family, and merely living life, for endurance and making it through the day represents the lengthy prose of paragraph after paragraph, page after page.

Then, there may be a short interlude — a line of poetry, a happy smile, a child being born, a light-hearted moment.  But then the prose of life comes roaring back, as the daily struggles overwhelm us like the darkening clouds of summer rains.

For Federal employees and U.S. Postal workers who struggle with a medical condition such that the medical condition prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job — has the prose of life extinguished any poetry left?

Contact an OPM Medical Lawyer who specializes in Federal Employee Disability Retirement, and let some stream of poetic light enter back into the lifetime of prose’s deficient enamor.

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 Medical Retirement from OPM: The Technical Application

In every system, specialty, sub-specialty, etc., there is a technical application and usage of a term, concept, acronym, etc.  Wittgenstein, the Austrian Philosopher and the author of “Philosophical Investigations” (as well as Tractatus Philosophicus and other works), discusses the concept of “Language Games” involving such unique and technical applications of word usage within different contexts and circumstances.

Thus, there are “computer software language games”, or engineering language games — where specific words have meanings quite narrowly defined, and which often excludes the general population’s understanding unless you become a “member” of that particular group, society, etc.

In Federal Disability Retirement Law, there are numerous technical applications within the language game of “Federal Disability Retirement under FERS” — and one of them is the usage and application of the term, “Accommodations”.  The term itself is widely and loosely used — as in referring to various work-related adjustments and changes.

Thus, a Federal Agency or the Postal Service might, for example, refer to a light duty assignment as an “accommodation” provided, when in fact — in the technical, legal sense — it is not at all an accommodation under Federal Disability Retirement Law.

The problem with a technical application, usage and misapprehension / misunderstanding terms and concepts used in a “general sense” as opposed to the “technical sense”, is that such failure of comprehending the precise meaning of a term can result in failing to apply and obtain Federal Disability Retirement benefits under FERS.

Contact a lawyer who understands the technical application of all terms under Federal Disability Retirement Law, and don’t let the language game of Federal Disability Retirement Law mislead you into a failure of filing an effective Federal Disability Retirement application under FERS through the U.S. Office of Personnel Management.

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.

 

Medical Retirement for Federal & Postal Employees: Isolation

It is a state which many declare to be desired; but, in reality, human beings are social and political animals (the latter term applied in an Aristotelian sense), and a true state of it becomes an insular havoc of desperate insanity.

Isolation is used in penal institutions as a means of punishment.  Whether it has a rehabilitative effect is questionable, but the policy is generally to impart upon the prisoner a stripping and depriving of a needed human experience — that of contact with others — and by punishing the individual, to allegedly “motivate” the offending party into behaving in an orderly manner in the future.  However, human beings possess great forces of creativity.  Stories from the Guantanamo facilities reveal a wide range of ingenuities in communication methods employed when “solitary confinement” is imposed upon multiple individuals.

In the end, the policy of isolation is often ineffective, and merely serves as an extreme measure of punishment which motivates not the human appetitive sense of behavioral modification, but cuts deeply into a profound sense of resentment and hatred.

In the general population, we have come to fool ourselves into believing that a blinking screen can replace actual human contact.  The worldwide pandemic has revealed the fissures of such thinking, and has tested the extremes of isolation.

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 under FERS, the sense of isolation can be felt from not being able to engage in the multiple essential elements of the position — of participating in conferences; of engaging with other coworkers; of missing time from work because of doctor’s appointments, etc.

Further, actual isolation is often exaggerated in the mind, where the mental isolation becomes disproportionately viewed and exponentially harmful to a person’s self-image.

Contact a retirement attorney who specializes in Federal Disability Retirement Law and consider the option of filing a FERS Disability Retirement application.  As isolation is the harbinger of a future yet uncertain, FERS Disability Retirement may be the ray of hope which opens the jailhouse door to a mind which is willing to be motivated.

Sincerely,

Robert R. McGill, Lawyer

 

Long Term Disability Federal & Postal Employees: Different Arguments

OPM will often make different and multiple arguments in denying a Federal Disability Retirement case.  Sometimes, they will make a single, or double argument; at others, it will appear as if a shotgun blast has been expelled in your direction.

Do you need to argue each and every point?  Each and every sub-paragraph?  Likely not.

Most of the arguments are merely different in their surface; the different arguments can be categorized under general headings, such as, “Insufficient medical evidence” or “lack of service deficiencies” — the two main categories which OPM focuses upon, in addition to a third, “No accommodations requested or provided”.

By categorizing the different arguments under a more generic and manageable major category, you can then begin to address the concerns expressed by OPM.  Better yet, contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law and begin the process of rebutting the different arguments of OPM.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement Benefits for US Government Employees: Divided, Denied

We have all heard the various phrases and mottos — of being united as opposed to divided; that a house divided cannot stand; and in infantry logistical terms, of dividing the enemy, then conquering, etc.

It is a tactical maneuver which is well-tested — of doing a spear-headed attack and cutting enemy forces into separate units, then beating them independently by outflanking the divisions; or of dividing by cutting off communications or supply lines and denying opposing forces those vital support systems, etc.

OPM uses the same tactic — of dividing, then denying.  Often, Federal and Postal employees suffer from multiple conditions, and it is the aggregate of the conditions which prevent a person from performing one or more of the essential elements of one’s Federal or Postal job.  But OPM will isolate and minimize each medical condition and say, “See, that condition in and of itself does not prevent you from performing your job.”

Such a tactic is similar to denying another well-worn quantity — where the whole is greater than the sum of its parts.  When a Federal or Postal worker must deal with multi-faceted health problems, don’t fall into the trap that OPM tries to set — of accepting their denial by dividing each individual medical condition into separate and divided parts.

Contact a FERS Disability Lawyer who specializes in FERS Disability Retirement Law, and rebut an OPM denial which fails to understand the well-known truths of unity, aggregation and the greater whole.

Sincerely,

Robert R. McGill, Esquire