Federal Employees Retirement System (FERS) Disability Retirement: Ostensibly

Apparently; on the face of it; in all appearances.  Isn’t that how OPM views all medical disability retirement cases?

It is as if the “medical specialist” opens each file before reviewing it, with a notation under his or her breath, of: “Ostensibly”.  And so the challenge is on — of persuading from the presumptive world of the “Ostensible” to the world of approval where appearances are turned into reality.

How does one do that?  Why are some Federal Disability Retirement applications more persuasive than others?

Of course, there will always be the “irrefutable” cases; then, some cases which fall in the “probably no chance” category, simply because there is not enough medical evidence to persuade; then, as with most cases, somewhere in the middle kingdom where the coalescence of medical evidence, the law, agency actions or inaction, with a dash of concurrent and parallel legal issues must be all taken into consideration in their aggregate evidentiary presentation.

Ostensibly.  By all appearances.  That is the challenge — to persuade OPM that the ostensible is the real.

Contact an OPM Disability Retirement Attorney who deals only with OPM Disability claims, and begin the process of putting together an ostensibly viable Federal Disability Retirement case and turn it into the reality which brings about an OPM approval.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement: The prerequisite of thought

What constitutes “thought” and fails to satisfy the allegation that one has not engaged in it?

Take the following example: A young man who is courting a young woman buys a bouquet of flowers on his way home, but stops by at her place just to say hello.  She — seeing the flowers — declares, “Oh, how thoughtful of you.”  He sheepishly smiles and nods his head, but in reality the flowers were to spruce up his own apartment.  He explains this to the young woman, and she turns a smile into its opposite — a frown — and reverses her opinion, telling the cad how “thoughtless” he is being.

In reality, he had done no such thing — he had, in fact, “thought” about it, only not in the sequence that the young woman had desired.  Yet, he is charged with being “thoughtless” — and one could argue that such a charge is applicable in that he should have “thought about it” before stopping by her place, and instead should have gone ahead and followed a route straight home.

Or, of another example: Say you are debating a point with another individual, or a group of individuals, and someone during the course of your monologue says, “It is clear that you haven’t thought about it.” What, precisely, does that allegation mean and imply?  Would it have made any difference if you had previously taken yourself into a corner, sat for an hour or two reflectively posed like the famous statue by Rodin’s “The Thinker”, chin upon knuckle in a reflective pose of self-absorption — then come back to engage in the discussion?

What if your contribution to the conversation included as great an expanse of idiocy as if you had not “thought about it” — but the mere fact that you had sat for a couple of hours, or perhaps a weeklong sojourn of contemplative solitude — does it make a difference?  Isn’t “thinking about it” often done in the course of give-and-take, during the conversation engaged, as opposed to being lost in one’s own mind?

Further, isn’t singularity and isolation of “thinking” often the wrong approach, inasmuch as you may be missing something, have inadequate information, illogical in the process because of selfish interests unrecognizable, and therefore the best kind of thinking often involves debate, countering opinions and other’s input, as opposed to the isolationism of “The Thinker”?

Would it make sense to ask a dozen or so physicists to “solve the mystery of the universe” by gathering them together, then making each sit in a corner and “think about it”, as opposed to engaging them in a “give-and-take” brainstorming session?  Isn’t much of thinking “done” by engagement with others, as opposed to a soliloquy of isolationism?  If so, then why is there too often a prerequisite of thought?

For Federal employees and U.S. Postal workers who have “thought” about 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 first and most important step in making the “right” decision may not be by engaging in an isolationism of “thinking about it”, but by consulting with an attorney who specializes in Federal Disability Retirement law.

There is no prerequisite of thought in picking up the telephone and having an initial, free consultation with an attorney to discuss the particulars of your case, and engaging in the thoughtful exercise of considering OPM Disability Retirement by actively participating in the productive modality of thinking.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Peripatetic Nature

But for a rarity, we seek its very opposite; consistency, stability, and the duration of longevity; these, we believe, provide for that which we didn’t have ourselves, yearn for, or seek to give to our own offspring.  In domestic legal proceedings, we hear tell of incongruent arguments where, in the midst of separation, the parties delineate what is in the “best interests of the children” — of remaining in the family home, maintaining a stability of regularity, etc.

From our limited micro-perspective, the loss of constancy when contrasted with the length of one’s own mortality from birth to death, is but a linear insignificance in comparison with the age of the universe.  Conceptually, we recognize this; and yet we constantly fight against it.  Our forefathers maintained a single job from youth to death; then, someone thought of the idea of “retirement”, and suddenly there were mandatory age requirements and proposals floating about concerning the “golden years”, all the while keeping pace with mass constructions of nursing homes and home healthcare services.

The incongruity and self-contradictions are palpable, but somehow we get away with it all.  Is man a seeker of stability, or does he possess a peripatetic nature?  Beyond such a question is the tendency to reject and resist being “forced out”.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties, the persistent harassment, the hostile work environment created, and the progressive insistence of pernicious pettiness invoked to make life unpleasant — these are all signs to acknowledge that one must “move on” with life.

It is difficult enough to deal with a medical condition; harder still to attend to it in conjunction with work-related pressures.

Stability of purpose is often what we thought we wanted; and for the peripatetic traveler, perhaps moving to another phase of life is an easy thing; but for the rest of us, change — even recognizing the necessity and inevitability, especially for the Federal or Postal employee who must file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset — is something that is hard to accept, given the true nature of man, even if we all think of ourselves as Aristotelian philosophers.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Evaluative Adaptability

Life is often like a boat without oars, let alone a motor which functions; and as the waves rock the water transport, one maintains balance, sanity and survival by attempting to prepare for the whitecaps and hoping for a further delay of a storm, and never a tsunami.  But those changes inevitably come, and attack in onslaughts of exponential fury.  One attempts to adapt, to remain like the chameleon who must survive by an unwanted metamorphosis, in order to maintain the delicate balance of nature as described by the brutality of Darwin’s world.

Man presumably has the advantage of possessing the dual modalities of penultimate capacity for survival:  the cognitive and the physical.  Of the latter, the human animal is neither a lion nor a cheetah; and of the former, self-doubt, confusion and intellectual arrogance often muddles the clarity of purpose shown by other carnivores.  But it is the combination of both — of the evaluative adaptability acquired through intake and filtering of information, analysis of factual and predictable processing, and shifting positions based upon real-time data reflected upon through a compendium of intellectual acuity honed and perfected by experience.

That is precisely why bureaucracies are often potholes of frustration; as systematized repetition dulls the soul, so the imposition of irrational decisions heightens the angst of man’s inner being.  For Federal employees and U.S. Postal workers who suddenly find that a medical condition may cut short one’s career with the Federal agency or the U.S. Postal Service, it is with that duality of advantageous survival mode that one must approach both the Federal agency (and the U.S. Postal Service), as well as the U.S. Office of Personnel Management.

Certainly, physical endurance is limited often by the medical condition and the deterioration of stamina and energy; but the evaluative adaptability and the capacity to change course should never be underestimated.

Medical conditions need not deter the direction of the boat; most medical conditions are mere whitecaps which rock like irritants on a summer evening where gnats and mosquitoes ravage the unprotected surface; but unlike hurricanes and tsunamis which overwhelm and destroy, the fact that one’s steering mechanism or the ability to propel oneself forward may be damaged, should never extinguish the Federal or Postal employee from recognizing that one’s evaluative adaptability is the key towards moving positively into the future and affirmatively taking steps to secure a brighter tomorrow, by beginning the process of preparing, formulating and filing for Federal Disability Retirement benefits through OPM.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Adaptable Criterion

If a criterion is advanced at the outset, one expects that the details of its applicability will result in a fair outcome so long as the requisite subsets are adhered to.  The problem is one of generalizations, however, and the linguistic malleability of hermeneutic interpretation, and in the end, the honesty of the individual.

There may have been a time when the sin nature of man was contained, and Pandora’s box was sealed, or at least somewhat secured; but once relativism creeped into the general populace, the game of restraint was lost forever.  Once, when man was left to individualistic devices, and information concerning the world was considered esoteric and reserved for the ivory towers of science and theological hoods of mystery shorn by Jesuit Orders of secrecy and cavernous enclaves of furtive whispers echoing down dark chambers in secluded corners, the application and usage of criteria demanded knowledge beyond the commonplace. Now, with Google and other search engines, everyone knows everything, or nothing at all.

For Federal employees and U.S. Postal workers who are considering 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 “trick” is to review the legal criteria, amass the information in a manner which fits the applicability for eligibility, then to “make the case” for an approval.

Is it a science?  Or, more precisely, are the regulatory subsets “open to interpretation”?  And more to the point:  Do the Administrative Specialists at OPM adhere to the “letter of the law”, or is hermeneutics less than an honest methodology these days?  Where human nature is concerned, one need not stray too far from the general knowledge of the masses.

If one has lived long enough, you know that you should always walk through the busy streets of a city with one hand on your back pocket, protecting your wallet.  Pickpockets are everywhere, and in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, the Federal and Postal worker should always be cognizant of the fact that the adaptable criterion is not the fault of the agency or the promulgators of legal standards, but merely reflects the fact that Pandora’s box was left open long ago, and the serpents of horror and dishonesty were left to roam the earth like never before.

Sincerely,

Robert R. McGill, Esquire