OPM Disability Retirement Claims: The Full Plate

From childhood, we are taught to (A) place on our plate only that which we can finish and (B) to finish that which we have placed upon our plate.  In modernity, perhaps such a “rule” is no longer applicable or enforced?

The old ways are often from habits ensconced from experience — of the Great Depression where scarcity, and even the fear of it, perpetuated a need to be frugal; of limited supply resulting in a greater appreciation of delights, and thus of a punctilious attention to avoid wastefulness; and of a wider deference for fairness, that others should share in the bounty presented.

In older days, to delight in a bottle of coke (yes, those little vintage bottles placed in ice, where cane sugar was used and not corn syrup) once in a year was a treat, whereas nowadays many people addictively drink an extra-large coke every day, leading to the rise of diabetes and making this country the greatest exporter of obesity around the globe.

But back to the metaphor of the “full plate”:  From childhood, we are taught never to walk away without finishing what is put on our plate.  As we grow older, the metaphor of the full plate turns a different meaning — of the day’s work, the chores before us, the various responsibilities throughout the day.  It has become ingrained in us that we “must” finish what is put on our plates.

This is similar to the idea that police officers retain, in error, that every encounter with conflict must be resolved then and there — often resulting in making decisions which, in retrospect, might have turned out otherwise had you just walked away from it and came back to the problem later.  That is where modernity fails in its approach to life: Not every full plate has to be clean at the end of the day, both metaphorically and practically.

For Federal employees and U.S. Postal workers who are struggling to get through the day because of a chronic medical condition which no longer allows the Federal or Postal employee to continue in their careers because of a disabling health condition, that long-held sense of duty and responsibility that the “full plate” — a metaphor representing the sense that one’s job must be endured no matter what — must be finished, may need to be abandoned.

One’s health should always be a priority, in the end, and preparing an effective FERS Disability Retirement application through the U.S. Office of Personnel Management may be the only and best option left.  Yes, it is okay sometimes to not finish the full plate.  Yes, it is okay to sometimes leave things unfinished.  Metaphorically or practically, it is sometimes the best thing to do — to leave the plate unconsumed.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and consider whether the full plate needs to be completely eaten, after all.

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 Law: Philosophy Gone Awry

Philosophy was always about asking universal questions.  What is the meaning of life?  What is truth?  What is Being?  Does God exist?  Are there eternal principles of moral import?

Philosophy self-imploded when it exhaustively asked such principled questions, failed to answer them, then questioned itself for failing to arrive at conclusive answers.  But the questions left unanswered were never meant to present an unfinished query.  Universality in the question itself did not mean that universality in the answer would ever be achieved.

The questions were to be answered for the individual; the universality of the question was merely meant to indicate a wider sense of applicability — not to fit every circumstance, everywhere, for everybody.

Philosophy took a wrong turn when Wittgenstein mistook the need for relevance greater than for the individual.  To that extent, he was correct to abandon philosophy in his early days and instead to become a primary school teacher in a small town in Austria — Trattenbach — for, the experience of daily drudgery, ending finally in striking a poor student for not being able to answer a question posed, then lying about it.

A logician who cannot abide that a conclusion reached in the particular can follow from a premise of a universal, philosophy had gone awry when the answer became more important than the question.  In the end, not all questions need to be answered; for, some questions are important merely in the questioning itself.

For Federal employees and U.S. Postal workers who need answers to questions concerning the particulars in a Federal Disability Retirement application, you need not worry about the ‘universals’ concerning OPM Disability Retirement Law — for, it is the ‘particulars” of case laws, decisions from the MSPB and the Federal Circuit Court of Appeals of precedents already established, which become the “arguing” points in putting forth your application.

Let philosophy die, as Richard Rorty used to say, its quiet death, but let Disability Retirement Law be argued by those who are competent to do so.  Contact an attorney who specializes in FERS Disability Retirement Law, and do not concern yourself with Philosophy gone awry.

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 Medical Retirement for Federal Government Employees: Avoidance

It is a common tool of the psyche and ego; by engaging in it, one skirts around an issue, and like its cousin, procrastination, it allows for a period of calm respite.  Avoidance is a form of procrastination; both allow for the subject of their common focus to fester, to grow, to loom large in the background without attending to its causes.

Say you are standing in your bedroom; it is raining; there is a patch of discoloration in the ceiling.  You wonder if the roof is leaking.  You pass it off as bad eyesight, or some other reason, and turn away, avoiding the problem by simply ignoring it.  The next time it rains, you sneak a peek and, sure enough, the discoloration has expanded, but you say to yourself, “Well, there is no actual drip from the ceiling, so perhaps it is not a leak, after all, but merely some accumulating condensation”.

Now, whatever “some accumulating condensation” may mean, it still points to a problem that should be attended to, but instead, the obscure-sounding phrase seems to explain an otherwise clearly-growing problem, and thus the next step in the avoidance-process has begun: Explaining it away, as opposed to tackling the core of the problem itself.

Avoidance is a natural defense mechanism inherent in us all; it allows us to extend our need to limit confronting something which we do not desire to engage.

For Federal employees and U.S. Postal workers who suffer from 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 position, avoidance of facing either the medical problem itself, or its impact upon your capacity and ability to perform your job, is often a problem which allows the issue to loom larger than necessary.

Consult with an attorney who specializes in FERS Disability Retirement Law, and allow for the avoidance to be confronted by an experienced attorney, thus further avoiding direct engagement with the issues, yet allowing for the attorney to address the core issue: Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: The prosaic life

That is the lot of most of us; yet, the contrast seen in the “entertainment” world is its very opposite.  Does it breed discontent (or malcontent)?  Does the “make-believe” universe that we surround ourselves with actually enhance one’s quality of life?

We not only welcome it; we pay for it, and gladly, so.  What does the contrast do to one’s soul — of watching movies involving fearsome technologies that destroy; of bank robbers, murderers, high-stake gamblers and every character imaginable; of dangers that never result in injury or capture; of adventures beyond one’s wildest imagination — and then, there is the actual life that one lives: Of a prosaic life that is often humdrum, unimaginative, mundane, pedestrian and…boring.

Is it “prosaic” to simply go from high school to college, then to a career, a family, old age and death?  Do we regret the repetition of our daily lives, so unbearably “normal”, such that we embrace this spectator-sport of adulation for the wealthy, over exuberant prostration in paying homage to sports heroes, and the unfettered interest shown towards everything and anything “glamorous”?

Until, of course, our health begins to deteriorate.  Then, suddenly, we wish for the “boring” life of normalcy; of the mundane when we took for granted the things we used to do; for the prosaic life that we once had.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows one to do that which was once taken for granted — being able to go to work consistently; performing all of the essential elements of one’s job, etc. — filing for Federal Disability Retirement benefits under FERS may yet return you to the prosaic life that you now yearn for.

Sincerely,

Robert R. McGill, Esquire

 

 

Medical Retirement for Federal Government Employees: The content

It is ultimately the content that matters, especially in a technical, administrative procedure where tone and context become secondary.  After all, we are addressing a “medical” issue – a cold, clinical subject when it comes to filing an effective Federal Disability Retirement application.

What should be included?  How far back?  What is meant by the “essential” or “core” elements of a job?  Does the capacity and ability to arrive at work for the duration of completing assignments in and of itself constitute an “essential” element of the job?  What if the job can be performed, but one simply cannot drive to the job?  Must I address failed efforts by the agency to “accommodate” me, and does the term “accommodation” have a narrower legal meaning than the way it is loosely used by my agency?

These and multiple other questions go to the heart – the content – of the issues presented when preparing, formulating and filing an effective Federal Disability Retirement application.

Content is all important, and the audience to whom the Federal Disability Retirement application is intended is relevant to keep in mind.  If you are standing in line at a grocery store, or at a Post Office, and someone remarks to you, “You are obviously in pain.  Go ahead in front of me” – such kindness and consideration may prompt you to explain, in somewhat abbreviated form, the content of what your medical condition is.  However, if that same person who showed such consideration turned out to be a close family member, who either already knows about your condition or is otherwise intimately familiar with the circumstances and the history of your medical condition, your response may be somewhat different.

How much history of the medical condition needs to be related to the U.S. Office of Personnel Management; what medical records need to be attached and accompany the narrative report that creates the “bridge” and “nexus” between the medical condition and the essential elements of the job duties – these all fall under the general aegis of “content”, and must be carefully considered in preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Implicit Questions

In many questions, there are multiple sub-questions.  Take, for example, the question:  Why are you so tired?  You may respond first by answering the unasked but implicit question by declaring:  “But I am not tired”.  That is not what the question asked.  Such an answer is a response to the implied question within the question, of:  “Are you tired?”  To the question actually asked, the proper response might be:  I stayed up late last night reading.  The presumptive sub-question unstated and silent but implicit in the major question posited in duality of a contingent combination, is precisely what is often termed as “lawyerly”, and thus somehow deceitful, tricky and attempting to subvert by having the responder accept a non-explicit presumption of facts.

The classic example, of course, is the cross-examination query stated variously as:  “When did you stop beating your wife?”  Before an objection is launched, the unwary witness might respond, “I didn’t” – meaning (from the witness’ perspective) that he never beat his wife in the first place, when in fact such a response evokes a different meaning – that the individual never stopped beating his wife, and continues to do so up until the present.  There is, in such a duality of question/sub-question combination, the presumptive prefatory inquiry, stated as:  “Have you ever beaten your wife?”

It is, in many ways, the capacity and ability to dissect and recognize the need to bifurcate or even trifurcate linguistic bundles that require thought, reflection and insightful methodologies in order to help define existence as successful or otherwise challenging.   Life is a tough road to forge; language opens the world by allowing for avenues and pathways of communication, but it also compels constructing obstacles that deflect and defeat the reality of Being surrounding us.

In the linear historicity of language and the explosion of thought, conceptual paradigms and communication inventories, the commingling of questions, the looseness of language and the careless ways in which thoughts are provoked, may lend itself to confusion, puzzlement and an inability to solve problems.  That is, of course, the strength of argument impounded by the British Empiricists, and while their collective denial of any substantive issues inherent in philosophical problems is itself suspect, their contribution in attempting to identify peripheral, “non-substantive” issues arising from the imprecise usage of language, in contradistinction to central and essential conundrums, helps us all.

For Federal employees and U.S. Postal workers who are preparing to formulate 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, a word to the wise:  SF 3112A contains multiple implicit questions, and bifurcation – nay, trifurcation – is an important element to consider and resolve.  Be cognizant of the implicit question – lest you answer the major question without considering the prefatory query.  Standard Forms are replete with compound questions, and the unwary will inevitably fall into the trap of answering the question posed on the surface, and in so doing, admit to facts presumptively “hidden” in sub-questions unasked.

Preparing a Federal Disability Retirement application requires the effort of untangling such compounding and confounding queries; it is up to the unwary Federal or Postal employee to bifurcate and trifurcate such attempts, and to dissect, with precision of purpose, the questions unasked, and answer those which are both prefatory and sequential.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement from Federal Employment: Identity Theft

Concerns over “identity theft” abound in this information age where an almost unlimited trove of personal data gets transmitted through the ethereal universe of the Internet.

Certainly, the U.S. Office of Personnel Management itself should be aware of this, with the recent hacking of Social Security Numbers, birth dates, responses to security questions, etc., and their failure to protect such sensitive caches of information.  But such thievery is normally recoverable; new passwords and keywords can be changed and obtained; additional walls of security impositions can be constructed, and life can be returned to a relative level of normalcy, with mere vestiges of fading memories of inconvenience to haunt our daily lives.

There are other forms of identity thievery, however, which can be more onerous, and unrecoverable.  When an individual is stripped of his or her identity as developed over many years through hard work, dedication and loyalty to a purpose or cause, and that reputation becomes destroyed in quick order and succession resulting from circumstances beyond one’s immediate control, where is the restorative avenue for that?  To what door or office does one apply to regain the loss, and return back to a sense of normalcy?

For the Federal employee and the U.S. Postal worker who are daily harassed because they suffer from a medical condition which impacts one’s ability and capacity to perform, any longer, the full essential elements of one’s positional duties in the Federal sector or for the U.S. Postal Service, such “identity theft” of an alternate kind is well known and intimately experience.

Those multiple years of toil, dedication and loyalty to development of fine-tuned talents in order to perform one’s job with the Federal agency or the U.S. Postal Service — they become for naught, when one’s worth is so closely tied to one’s health, whether physical or psychiatric.  And so it may be time to “move on”, and this means, in all likelihood and necessity, 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.

Yes, ultimately, one’s OPM Disability Retirement application must be filed with the very same agency whose vault of personal personnel information was hacked into; but that is often the irony of life itself, where the Federal or Postal employee must knock on the very door which allowed for identity theft, in order to regain it again for a new and brighter tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: The Myth of Upward Progression

We like to think that life is represented by a linear curve of upward progression; in reality, most of us reach an apex, then remain static and content in the late summer years of our lives.  There is nothing wrong with such a state of affairs; as contentment and comfort embrace a spectrum of stability, so the refusal of change and resistance to vicissitude are not indicators of laziness, as once thought in former days of youth where transition, sacrifice and relinquishment of stability were necessary for purposes of future advancement.

Most of us, within a defined minefield of progress and regress, remain within an invisible glass casing of immobility.  Perhaps there is a major financial setback in a given year; or, a promotion or cash incentive award had not been achieved; but in the year following, or the next beyond, it is attained; or an unexpected windfall allows for greater stability least anticipated and most gratifying.

In a sense, we delude ourselves.  But so long as we remain within a constancy of comfort, where an appearance of major retrogression cannot be palpably discerned, contentment prevails, and the bother of breaking new grounds, moving to a larger house, taking on greater responsibilities, adding to headaches and stresses, can be quietly forsaken, left with the self-satisfaction that quietude is a byproduct of a goal once sought for, and achieved without fanfare or celebration.  It is when the bounds of contentment are scattered, the barriers of satisfaction crumbling, when the call to action is suddenly a turmoil of exoneration, and peace as shattered glass stepped upon in bare feet of bleeding souls, that affirmative movement must then be spurred, leaving behind those spurned opportunities once thought cumbersome.

Medical conditions have a tendency to create such circumstances of unrest.  For Federal employees and U.S. Postal workers who suddenly find that the chaos of inchoate situations developing because of a chronic and progressively deteriorating medical condition impacts upon the Federal or Postal employee’s ability and capacity to perform the essential elements of one’s positional duties, the possibility and need for 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, becomes a reality which disturbs and perturbs the quietude of living contentedly.

When a medical condition disrupts that glass bowl of satisfaction, the myth of upward progression becomes shattered, because suddenly all that one has worked to achieve may be in doubt.

Most of us are happy to just find that small oasis within the turbulent oceans of insanity we designate as “civilized society”; but for the Federal or Postal employee who must contend with a medical condition such that the medical condition threatens the very foundation of one’s hard-fought dreams and desultory circumstances, consideration needs to be given to preparing, formulating and filing for Federal Disability Retirement benefits through OPM, if only to resist the temptation that static circumstances are a foregone conclusion, or that the myth of upward progression cannot be defeated by planning for the next great adventure in this, a universe of turbulence of unexpected turmoil.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: McKenna’s Pass

It was an old mining town, once boasting of a bustling main street, filled with commotion, commerce and conversation, where expectations of future success and advancement were brimming with hope and activity.  People said that it would always be the bellwether of the country; as McKenna’s Pass went, so goes the nation.

The origin of its name was somewhat in dispute.  Old Timers who harkened of past days of glory tried to inject their hoarse voices over the din of youth to get their two cents in, that the origination of the town’s name came from when the days of ore traders would pass through to cities of greater significance, and McKenna just happened to pause for a few days longer than most, and thus the designation.

Others of a more youthful persuasion attributed the misnomer and thought it concealed the darker side of the town’s council, where “Past” was grammatically mispronounced in their minds despite the prominent sign at the north entryway of the town; but then, who among those who live in a place ever notice the signs coming in?  Growth, future prospects and the promise of unceasing expectations would outpace even the greatest of cities.  “They’ll see,” was always the reply when doubts surfaced; always, there was a glint of mischief pervading, as if the “insiders” knew something beyond what the rest of the nation didn’t.

Somewhere along the line, something happened.  No one knows what, or how, or even when.  The first sign was the grocery store that closed; the owner’s wife suddenly died, and it was like the oxygen was sucked out of a vibrant life, and without warning an implosion left a devastation beyond repair.  Then, graffiti appeared; people never suspected the kids from their own neighborhoods, as the pride of McKenna’s Pass was beyond such acts of hooliganism.  Other towns and cities may have been ashamed of their residents and nefarious neighbors who engaged in untold acts in the dead of night; this town never had to look away, or so the thought was.  Then a gas explosion ripped through the Southwestern end of Main Street; rumors began to surface; the Town Council’s senior member resigned with charges of kickbacks.

Change was in the air; inevitably, future expectations once anticipated by youthful folly was butting heads with the reality of present circumstances.  People could smell the aroma of death or, if not such a dramatic and sudden cessation, certainly decay around the edges.

Medical conditions and changes in one’s future plans have a tendency to do just that.  For Federal employees and U.S. Postal workers who find that one’s invincible plans of latter years of youthful enthusiasm are now requiring the tinkering of repair and replacement, the view towards change can be merely a picture window needing an alteration of interior design.  Medical conditions can prompt the necessity for change; and while change is often difficult to accept and undertake, one cannot fight against those forces beyond one’s control.

When the Federal employee or the U.S. Postal worker begins to experience an inability to perform one or more of the essential elements of one’s positional duties in the Federal Sector or the U.S. Postal Service, it may be time to consider 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.

For, as the townspeople in McKenna’s Pass may have thought that the future would always be one of growth, advancement and greater achievement, the reality is that contraction often follows expansion, and the certitude that life never remains static is a truth where youth’s folly ignores the wisdom of ages, as the empty buildings and hollow passageways echoing of silent plans left unfulfilled reverberate through the once-promising days of a town we knew as “McKenna’s Pass”.

Sincerely,

Robert R. McGill, Esquire