Tag Archives: ptsd and fers disability retirement

FERS Disability Retirement: Knowledge & Application

It is assumed in the West that knowledge, in and of itself, is a valuable thing.  And in this country, periods of pragmatism overtake that viewpoint, but always seem to revert back — otherwise, how else would we persuade children to spend countless hours sitting in a classroom, year after year?

As “making a living” has become the primary focus of society in general, there is an ever-pervasive tension between knowledge for its own sake as opposed to knowledge that is “useful” (translation: the “know-how” to make a living).  This is a tension that every society must grapple with — of becoming educated as an end in itself or as a means to a different end.

Few believe that there is a downside to having a good education, but a well-educated populace that lives in poverty cannot for long sustain its justification for perpetuating inapplicable knowledge.  Society must always maintain a balance between theoretical knowledge and applied knowledge.

Law is a discipline which straddles the fence between the theoretical and the practical, inasmuch as it engages in conceptual/intellectual issues, but concurrently, must be able to be applied in the everyday lives of people.  For example, in domestic relations law, there are overarching conceptual principles focusing upon what constitutes “the best interests of a child” in a custody battle, but in the end, the practical application of determining a workable visitation schedule must be hammered out between the parties involved.

Similarly, in Criminal law, while a society may adopt a conceptual apparatus as to whether “reform” is the goal or “punishment” is the justifying foundation for a lengthy incarceration imposed, nevertheless, in either case, society must consider the practical issue of protecting its citizens from further harm which may predictably be committed by the party found guilty.

In a similar fashion, for Federal employees and U.S. Postal employees who file for Federal or Postal Disability Retirement benefits through the U.S. Office of Personnel Management under the FERS system, knowing the Law and cases governing Federal Disability Retirement is essential in engaging the bureaucratic process, precisely because Federal Disability Retirement benefits is not merely about the medical condition in and of itself, but involves a complex consortium of issues in relation to the job one is positioned in, whether the Agency can accommodate an individual’s medical disabilities as well as what constitutes a legally-viable accommodation, as well as a whole host of other similar issues.

Here, knowledge precedes application, and having a ‘working’ knowledge of the laws governing Federal Disability Retirement in order to apply it at each stage of the administrative process is a necessary prerequisite before considering even applying for the benefit.  Yes, there are rare cases in which the medical disability is so severe and clear-cur that the medical documentation is and should be sufficient unto itself; but that is a rare case indeed.

As such, at whatever stage of the process one finds oneself in the Federal Disability Retirement bureaucracy, you may want to consult with an OPM Disability Attorney who specializes exclusively in Federal Disability Retirement law in order to have not only the knowledge but the practical application of proceeding against the U.S. Office of Personnel Management in fighting for your FERS Disability Retirement benefits.

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: The Hope Next Door

Hope is the basis of life prolonged; it is why people buy lottery tickets, go to sleep soundly with an expectation that tomorrow will be different; and that, like the old quiz-shows of choosing “Door Number One, Door Number Two, or Door Number Three…” — we retain a hope that life will present us with the good luck, tomorrow or the next day, to choose the right “door” for our lives.

Few of us are smart enough to think in terms of Bertrand’s Box Paradox — presented as a veridical paradox in elementary probability theory.  We are rarely as rational as to embrace life in such a calculating, methodical or mathematical manner.  Instead, most of us blunder through where hope = ongoing existence, even if in reality we know that situations and events don’t often change no matter how hard we try.

Society as a whole — of governments and the Age of Therapy — perpetuates the concept of “the Hope Next Door”.  Politicians running for the Senate, House or state positions make promises all the time, knowing that he or she will merely be one representative within a cauldron of many, and will never be able to pass any legislation because there will never be a consensus enough to do so.

But words have a powerful effect in engendering the hope next door; somehow, we tend to be gullible no matter how many times we get duped.  Thus, the famous quote normally attributed to the greatest showman on earth, P.T. Barnum, that there is “a sucker born every minute”.  Why such gullibility?  Because, without hope, existence itself would be too bleak to go on; and thus do politicians, used-car salesmen and con artists sell not promises, but hope.

For Federal employees and U.S. Postal workers who suffer from a medical condition and need to file for Federal Disability benefits through the U.S. Office of Personnel Management, the Hope Next Door may well be to obtain an approval for a Federal Disability Retirement annuity, so that you can focus upon regaining your health.

Contact a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and look for the Hope Next Door that is real, and not merely as a chimera sold as snake oil or words of eloquence.

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 Law: Falling Through the Cracks

Where did that phrase originate from?  It often refers to small things slipping through without getting noticed because of their insignificance, whether because of size or lack of notoriety.  Children who lack popularity are often thought to be in danger of falling through the cracks — of not being given their due attention; of being ignored; of failing to be noticed.

The amazing thing is that we ever even notice it at all; for, by and large, most of us fall into the category of enforced anonymity — of being in danger of falling through the cracks.  Whether you are the “star” of the class or the “appointed one” whose every move is ooh-ed and ahhh-ed — most everyone else is of the ordinary ilk, unnoticed, ignored or otherwise already having fallen through the cracks.

Federal employees who suffer from a medical condition fall into that category — of either having fallen through the cracks, or about to fall through the cracks.  This is because the medical condition itself relegates the Federal and Postal employee into the category of the “outcast” — of those who have fallen through the cracks.

Contact a FERS attorney who specializes in Federal Disability Retirement Law, and see whether or not you might qualify to fall through the cracks of the U.S. Office of Personnel Management and land upon the other side where you can become a Federal Disability Retirement annuitant, where falling through the cracks will allow you to prioritize your life and focus upon the more important elements of a life of health and well-being.

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 Employees Retirement System (FERS) Disability Retirement: Against The Wall

It is variously described — an obstruction; an obstacle; but seen from the inside, it allows for privacy and protection.  Think about the story of the Three Little Pigs and the differing materials of construction, where the first two failed in implementing a secure-enough wall to withstand the forces of the wolf’s cunning attacks.

In every phase of life, we encounter them; how we view them, what we do when we see them as obstructions as opposed to insulating, protective entities — it reveals much.

For Federal employees and U.S. Postal workers who are intending to file for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, “the wall” is represented by OPM itself; for, they hold all of the proverbial “cards” in approving or denying a Federal Disability Retirement case.

You, the Federal or Postal applicant, stand on the left side of the wall.  How you climb over the wall onto the right side — an approval from OPM — depends upon how you maneuver against the wall.  Do you go against the wall by sheer luck and lack of forethought?  Or, do you build or buy a ladder — metaphorically speaking, of course — which includes logical and legal argumentation?

Contact an OPM Retirement Attorney who specializes in Federal Disability Retirement Law and stop banging your head against the wall, and instead, begin to build the solid foundation which is built to overcome the obstacle between you and a Federal Disability Retirement.

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 Application: In the Modern Age

Are there greater problems today than there were before?  Are there more bad people; is there a greater number of sexual predators; do people on the whole act with greater aberrance than in times past?

Of course, much of such questions depends upon what you define as “before” — as in, what historical time period, which civilization as the comparative reference point, and are we applying the same acts committed (i.e., apples-to-apples), etc.

In the modern age, is there more stress in the workplace?  Are psychiatric conditions worse and more prevalent because of the increase in workplace hostility and stressful conditions?  Is there a better way to keep and retain productive members of the workforce — i.e., to accommodate them — than to provide them with a disability annuity?

In the modern age, the level of workplace stress has, indeed, seemingly increased, to a rate and frequency where devastation of lives occurs in greater numbers than before.  Before — as in, when?  Such a question is an irrelevancy.  The modern age has no equivalence, and therefore no comparative analysis can be wrought.  Instead, the proper focus is to fight for one’s rights and one’s benefits.

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 one or more of the essential elements of one’s Federal or Postal position, contact a qualified OPM Lawyer who specializes in Federal Disability Retirement Law.

For, in the modern age, there exist laws which provide for alleviation from the medical devastation wrought by society’s undue workplace stresses, and asserting one’s disability rights is fortunately a benefit available in the modern age.

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: Life’s Shrapnel

It is a fearful weapon of war — meant to maim, at the very least, and if it kills by damaging enough of a human body, such as the carotid artery or other major vessel, then so much the better.  Whether from a bomb or other explosive device, it represents a terrible indictment of war’s tragedy: It does not discriminate; it treats women and children in the same way as official combatants; it cares not as to the consequences, and its success is measured both by the least of injuries as well as by the gravest of results.

Life’s shrapnel is a metaphor of war’s shrapnel.  For, like the blast which hurls a shrapnel manufactured for war’s purposes, life’s shrapnel is a sudden, surprising and indiscriminate piece of “something” which suddenly maims, injures, puts on hold one’s future or somehow pauses it; and a medical condition can be seen as just that — one of life’s shrapnel.

For a medical condition suddenly changes the entire perspective of a person’s life — of how one can do or not do certain activities, anymore; of whether one can continue in a career, anymore.

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, contact a lawyer who specializes in Federal Disability Retirement Law, and consider whether or not one of life’s shrapnels — the medical condition which suddenly has altered the course of your decisions — might not require the effective preparation and filing of a Federal Disability Retirement application under FERS, through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Lawyer

 

OPM Disability Retirement: The Delay for Tomorrow

We tend to rely upon our memory of the past; if the sun set yesterday and the chickens squawked the day before, the repetitiveness of previous occurrences allow for the delay for tomorrow.  Yet, tomorrow’s circumstances may undermine yesterday’s reliance.  Circumstances change — especially in this day of fast-paced changes and the need to adapt accordingly.

Present circumstances — a medical condition; the growing impact of one’s medical condition upon your ability and capacity to continue in your career; these, and many other factors should play into consideration to file for Federal Disability Retirement benefits.  The delay for tomorrow is a natural instinct with all of us; we keep hoping that tomorrow will somehow change for the better, but with a medical condition, the unfortunate truth is the very opposite: Most medical conditions don’t simply go away, and instead reveal a stubborn persistence in their natural course of degeneration.

If filing an effective Federal Disability Retirement application under FERS is something that you have thought of, but have set aside as the delay for tomorrow, consult with an OPM Attorney who specializes in Federal Disability Retirement Law, and make the delay for tomorrow the reality of necessity for today.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the Office of Personnel Management: How is it?

How is it that the world became the way it is without our knowing it?  How is it that the rules were already in place, the lands already divided, the waters already polluted, the debt already ballooning, the inventions already made — how did that come about, and who told us the history of the “what”, “when” and “where” of the past?  Can a society long endure while ignoring the past of how it developed and came into being?  And who gets to tell the tale of who we are, how we came to be, and why we are the way we are?

Berkeley’s epistemological approach was to confine knowledge to that which we can perceive, thereby attempting to limit the problems inherent in Being, Truth and Reality.  Like so many of the British Empiricists, philosophy was being reduced to mere “language” difficulties and, indeed, history itself may bear out their “rightness” in this question and problematic approach.  There is, of course, a quiet revolution going on about our past, our history, and the telling of who we are.  That is always a good thing, so long as “Truth” is the end-goal of such an endeavor.

But when Truth itself has become relativized as mere language games malleable in the hands for greater artificial intelligence, and where algorithms rule instead of human input which confines it within stated ethical boundaries (and even that is questionable, given the underlying motives and intent of human beings generally), then perhaps Wittgenstein was right after all; it is all a matter of who sees the “truth”, who gets to “tell” it, and who maintains the Tower of Babel in this universe of increasingly unfettered liberty.

In the end, the “how” of the world will forever be revised as perspectives, opinions and viewpoints change; but it is the “who” that controls the lifestream of information and historical data as to what is important; and in this Orwellian world where the glut of information has relativized all truths, we care less about the “how” than the “who”, anymore.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition now impacts the Federal or Postal worker’s ability and capacity to perform one or more of the essential elements of one’s position, the history — or the “how — is important in preparing and formulating one’s Statement of Disability as posited on SF 3112A.  However, remember that all historical contexts must be provided in streamlined form; for, causality is not an issue in a Federal Disability Retirement application (whereas, in OWCP cases, it almost always is), and thus undue focus upon the “how” can detract from an effective Statement of Disability as reflected on SF 3112A.

The world around us may be concerned with the “How” of a question; for an OPM Disability Retirement case, it is the more current “what” that is the necessary focus of articulation.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Retirement: 2019, The New Year

It has a familiar ring to it; of a harkening to a recent past that has a melodic cadence reminding one of a famous book by George Orwell.  It is because of the “19” that we are reminded of it.  Can it have already been 35 years in passing?  “But it’s not quite as bad as all of that,” we say, and perhaps such a sentiment is right: Pox on the negativism of predictions of doom!

No, we do not have flat screens forced upon us which spy into our lives; instead, we went out and purchased them ourselves — voluntarily — and realized only later that the camera embedded can, indeed, record our every movements.  And we learned that all of that personal information shared with friends and family have been stored and disseminated to forums and facades not otherwise intended; and so everything private has become public, and there is nothing left but the shell of who we are.

But enough of that; we celebrate the coming of a new year not for the unwanted fears of the past, but because the future can always bring about change, greater prosperity and a glimmer of hope for things yet to come.  It may well be that 2019 is that very year we have been waiting for — a dawn of new beginnings.

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition no longer allows for you to continue in your present job, the incoming New Year may be an opportunity for change, by preparing, formulating and filing an effective FERS Disability Retirement application.  Consult with a knowledgable attorney and begin the process early, as OPM is way behind and it is important to get in line.  2019 — Happy New Year.

Sincerely,

Robert R. McGill, Esquire

 

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