Federal Disability Retirement: Different Approaches

There is a difference between the ‘How’ and ‘Why’ of things — “How something is done” is quite different from “Why something is done.”

One can argue that the ‘Why’ of something should logically precede the ‘How’, for the meaningfulness attached will motivate as to the mechanical doing of it; whereas, others will propose that one should simply follow Nike’s oft-repeated logo — “Just do it” — and in the act of doing it, the meaningfulness of the activity will naturally follow and be discovered.

Ultimately, they represent different approaches, and may even be characterized by different personalities.  The one who simply charges forward without purpose or meaning may be superficially identified as a ‘pragmatist’ of sorts, while the one who first ponders the “Why” of everything may require a ‘spiritual’ source in everything before proceeding.

In the end, however, the underlying source of everything returns us to that what Viktor Frankl identified as the central human motivational force — the paradoxical search for a life’s meaning.  The importance of the ‘Why’ cannot be ignored; and as science can only point to the ‘How’ of anything, the emptiness of an unanswered ‘Why’ will often paralyze us.

Life is difficult as it is, with calamities and unexpected twists and turns along the way, and the fragile state of our health can be devastating without having an answer as to the ‘Why’ of everything.

For FERS Federal employees and U.S. Postal Service workers who suffer from an chronic injury or other condition and are forced to make a major decision moving forward, preparing an effective Federal Disability Retirement application under FERS with the U.S. Office of Personnel Management may be one of the biggest fights of your life, and while a FERS medical attorney may not be able to answer the more important question as to the ‘Why’ of what has occurred, it is the more pragmatic ‘How’ which may be needed, for the time being.

Sometimes, the different approaches require a priority of answers in a sequence less than optimally answered, and in the case of filing for Federal Disability Retirement benefits under the FERS system with OPM, it is the question of ‘How’ which must take precedence.

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: The Proper Perspective

You can gather all of the available facts, and yet still make the wrong decision because you fail to have the proper perspective.  To have the right perspective, you must assess and evaluate the facts as presented and arrive at the best judgment based upon a proper perspective.  The “proper perspective”, moreover, is often based upon a lifetime of habits formed in how one engages the facts amassed.

Do you allow for emotional prejudices to cloud your judgment, or have you cultivated a habit of dispassionate review?  Are you able to set aside the overwhelming sense of panic which can lead to a reactionary course of response, or can you set the issue aside and come back to it with a reserved approach of greater objectivity?

In most cases encompassing a variety of facts, a requirement of interpretive analysis must occur, and that process of arriving at the best course of action in determining the comparative and superlative degrees of a judgment does not necessarily mean that there is a singular “best” course, for reasonable people may differ on that.

And, of course, that is the proverbial “rub” of the issue — that the proper perspective arrived at the time may not lead to the best action to be taken, but merely that, given a set of facts analyzed at a given time and place, it is the “proper” one for the moment.  Other facts and circumstances may come into play if left to ponder, but because an imminent decision must be made, it is often enough to rely upon one’s best judgment in moving forward.

For Federal employees and U.S. Postal workers who suffer from a chronic illness or injury such that an application for Federal Disability Retirement benefits under the FERS system must be considered, arriving at the proper perspective will often be clouded by the medical condition itself.  As such, it is important to have the assistance of a lawyer who specializes in Federal Disability Retirement Law in order to provide the proper perspective in fighting against OPM for your rights.

The perspective of the U.S. Office of Personnel Management is always that no Federal or Postal employee qualifies for Federal Disability Retirement, and will often deny a case by making it appear that you had no chance for success, to begin with.  However, that approach is not the right or proper perspective, and the way to counter OPM and arrive at the proper perspective is to apply the law.

Contact a Federal Lawyer who specializes in Federal Disability Retirement Law, and respond with the proper perspective.

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 Law: Foreign Lands

Reading essays about foreign lands is often challenging where reference points and contexts are often presumed.  One immediately reaches for one’s Smartphone in order to Google the locations in relationship to a country — is it in the south of France, close to Spain?  It is near Paris?

Why that matters is another issue — for, somehow, if we can recognize a known entity, it makes us more comfortable in reading further about a strange area unknown.  Even if we have never been to Paris, we recognize that it is a large metropolitan city and can therefore relate it to our own experiences.  Context is important; reference points to that which is familiar somehow makes for greater understanding, comprehension, and appreciation.

Entering or reading about foreign lands is somewhat akin to preparing an effective application for Federal Disability Retirement benefits under FERS.  The entire concept is strange and foreign to somehow whose life has been dedicated to work and advancement.  To suddenly have to stop working because of a medical condition, and then to file for early medical retirement, is tantamount to traveling to a foreign land.

To be successful in a Federal Disability Retirement application under FERS, it is advisable to contact a “tour guide” — a disability attorney who specializes in Federal Disability Retirement Law, and thereby show you the familiar reference points in order to maneuver through the best sights, avoid the dangerous areas and pitfalls within the law, and to get you to the endpoint of the entire process: An approval from 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.

 

OPM Disability Retirement under FERS: Seeking stability

It is the constant tension between Parmenides and Heraclitus — those Pre-Socratic philosophers who first looked for a metaphysical foundation in comprehending the complexity of the universe.  In general, the former is known for his view about the ”oneness” of the universe; the latter, famously attributed with the statement that “No man steps into the same river twice”.  Both address the issue of the encounter with “Being” as Being itself, and not for any particular being.

Do the perspectives and philosophical beliefs of such “ancients” matter to us today?  Of course, we have only mere fragments of the writings of both philosophers, and so any attribution of thought may be tenuous, at best.  Nevertheless, it is the ongoing and historical tension between the two lines of thought which has any relevance or applicability for the modern individual.  That tension has to do with the manner in which we live, the outlook of our perspectives and the human need for constancy in a universe that often seems to be in perpetual turmoil.

Whether on a “macro” scale — i.e., of world affairs, the domestic front or even local news — one needs only to turn on the television to recognize the multifarious troubles of daily life.  Or, on the “micro”, more personal side: perhaps the illness of a loved one; the loss of a job; interpersonal relationships deteriorating — or a medical condition that has become chronic, where a Federal or Postal employee is concerned.

We all seek stability — a view like Parmenides’ philosophy — where we seek to have a sense of calm and quietude.  But the fact is that reality seems to always favor Heraclitus — of life as a stream that changes minute-to-minute, and a medical condition represents just that: a state of constant flux where stability will not yield.

For Federal employees and U.S. Postal workers who need to find some stability in their lives, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, is often the next logical step out of the turmoil and crisis that is created at work.

Seek the advice and counsel of a lawyer who specializes in Federal Disability Retirement Law in order to know your full rights.  Seeking stability in a world of turmoil is a very human need which we all desire, and for the Federal or Postal employee who can no longer perform one or more of the essential elements of his or her Federal or Postal job, the pathway of Parmenides is preferable to the rivers of Heraclitus.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation for OPM Disability Retirement: Later editions

Later editions are never as valuable as the First Edition, unless of course something additional has occurred, like the author’s inscription and signature, or a typeset error which is limited in number, or perhaps a reissuance but for a “limited number”, and sometimes as an “anniversary” reprinting, especially and again, if the author or progenitor has signed such a copy.

People follow upon such objects of value; for, as such artifices are mere human conventions, the behavior towards such creations reflect the conduct of man towards his fellow man.  Thus do we treat “later editions” with reduced fanfare; the old are replaced by the new every day, and “first editions” — of a new employee, a rising star and other more recent arrivals — are accorded greater degrees of “oohs” and “ahhhs”.

One might counter that “First Editions” should instead be identified, as a metaphor for human beings, as those who have remained for the longer period of time, and not accorded such status to newcomers; it is those who “come after” who are the second or third impressions, and should be acknowledged as “less valuable”, and not more.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is often the case that your “value” to the Federal Agency or the Postal Facility seems to have diminished as Second editions and Third impressions come upon the scene.

Look at the beauty of First Edition books, for example — often with some wear, and maybe even a tear, but it is the worn state of condition that is often compensated for by the years of experience for which the deteriorated condition can be valued, yet does the “bookseller” treats the later editions as more “valuable” than the stated First Edition?

Medical conditions are likened to the worn look of a First Edition book, whether signed or not, in this society where it is the Second or Third Editions that are too often treated with greater respect.  If that is the case, then it is time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Perhaps that dusty old First Edition will be better appreciated elsewhere, all the while receiving a Federal Disability Retirement annuity and growing in value.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Benefits: Confused confusion

Why confuse the confused?  Why confuse further the confusion that already confused even the least of the confused?  Why add to the confusion when the confused are confused enough as it is, and when confusion should be relieved by less confusion instead of confusing everyone further by adding to the confusion?

Life is confusing enough, and it is amidst the confusion of life’s state of perennial confusion that we seek relief from the confusing state of affairs, but which often leads to further confusion because we ourselves are confused.

It all began in childhood when first we entered the ice cream shop and had to choose between vanilla, chocolate and strawberry flavors — and we turned to our parents wanting all three, or one of them, or perhaps two out of three, and we admitted mournfully, “Mom, I’m confused.”  Then, the next summer, we stepped in line and looked up at the offerings, and there were 3 more flavors added — of caramel-something-or-another, chocolate mint and peach; and from thence forward, choices for unlimited quantities of alternatives offered bombarded our sensibilities and overloaded the limited circuitry of life’s options.

Then, of course, there was the “fax machine” that began it all — not having to have to wait for the snail mail to carry back and forth the correspondence that was being typed first on a manual typewriter, then an electric one, then a “word processor”, then a tabletop computer, then a laptop, and then the smartphone and beyond — where every written piece of memorialization could be instantly received, to be further replaced by emails, attachments to emails, shared documents and instantaneous transmissions through the netherworld of constant connectivity; and we wonder, are we any clearer within our lives than before the confused confusion we experience today?

For Federal employees and U.S. Postal workers who believe that the Federal Disability Retirement process is a rather confusing administrative morass, such a belief would not be unfounded.

The complexity of the process — of what meets and constitutes the “preponderance of the evidence” test; of the multiple and various case-law precedents that determine and define the eligibility criteria for a successful Federal Disability Retirement application; to the confusing language contained in SF 3112C that will supposedly “guide” the treating doctors into providing the necessary medical information in order to successfully meet the eligibility criteria — all of it is inherently and purposefully complex and confusing.  How does one cut through the thickets of confusion?

To begin with, confusion is sometimes confused with complexity; and though they share some characteristics, the difference between the two is that while one possesses inherent elements which may lead to confusion, the other (confusion) is not necessarily defined by them.

Federal Disability Retirement is a complex administrative process, and the confusing elements within the process can lead to later complications unless clarified at the early stages.  To do so — i.e., to clarify the confusions and simplify the complexities — the Federal or Postal employee may want to consult with an experienced attorney who specializes in that complex and confusing area of law identified as “Federal Disability Retirement Law”.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Little battles fought

It is the minor skirmishes of life that maintain the vitality of everyday existence; they are fought in preparation for the greater battles and campaigns.  That is why a ‘strategy’ is important; otherwise, taking the same hill countless times in a day leads one to wonder what the greater plan is.  For, futility and the sense of meaninglessness are what defeat any motivation to continue.  Incentives for advancement; a sense of growth and an optimism for the future; these and other values are what one fights for, engages in skirmishes, and those little battles that are fought with a worthwhile sense of gaining something.

Medical conditions, especially of a chronic kind, tend to diminish the will to fight.  They not only weaken and debilitate; they begin to eat away at any sense of accomplishment and striving for those valued goals.  It is, in the end, a sense of hope for which we all fight the little battles fought; otherwise, the major wars would fail to be worthwhile.

Medical conditions are the “unfair” factor in any war, sort of like roadside bombs planted in this new war of hit-and-run attacks.  They often come upon one slowly; and whether in a sudden, traumatic event or evidencing a slow progression of debilitation and subtle changes over a period of days and months, the insidiousness of not knowing how to battle it, of doctors telling of being patient, of medications themselves sometimes having worsening side effects that complicate, exacerbate and exponentially magnify in frequency, severity and other realms of wounds endured – these all cumulatively combine to create a sense of frustration like fighting an enemy you cannot see and will never be able to actually “fight” in the traditional sense.

That is why preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is an important step in those “little battles fought” – for, unless the little ones are taken care of, the large ones that loom ahead may not be properly engaged in.

Reorganizing priorities; focusing upon one’s health; determining the future course of relevancy; these are all part of the metaphorical battles to be fought, but for the individual who experiences the medical condition and specifically for the Federal or Postal employee who must consider filing a Federal Disability Retirement application, they are no less real than the sudden devastation of a roadside bomb exploding beneath one’s Humvee.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement under FERS or CSRS: “The End”

Those two words are often appended upon the last word, the final thought, the grammatical period marking the denouement of a narrative; sometimes, an ellipsis leaving the reader to ponder a missing word, concept or continuation of an event.

Why it is not stamped in bold print at the end of a biography or a non-fiction narrative; or even a short story, an essay or a philosophical treatise; perhaps, as a factual account presupposes a reflection of correspondence between truth and reality, it is only in the literary world of make-believe that we must apprise the audience of the terminal nature of virtual reality — that, like Pavlov’s dogs in responsive salivation for experimental purposes, we become conditioned to a realization that a blank page following the grammatical finality of a period is simply insufficient to constitute an obstructive wall separating fantasy from reality.

Or, does convention merely mark the climax of the unreal, where the breathless pursuit of becoming lost in an imagined universe leaves us panting for more, only to be pulled ruthlessly back from the lost quietus of our penchant for more?

But that reality gave us a final warning, an appended duality of words in order to forewarn of the terminus of trials, travails and tempestuous tantrums of tactile tandems; then, like the eyes which scout a few pages hence, where we nervously flip forward in disbelief as we approach the thinning culmination of paper remaining, we would know when to cease trying, how much more effort to expend, and the time of fruition left as an afterthought, like windowed houses empty in a neighborhood abandoned by loss of industrial flight and more importantly, of hope left remote in the hearts of soulless men.

Reality never gives us that warning, of course; and so we are forced to trudge onward in spite of that lack.

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 the Federal or Postal position, the approach of preparing, formulating and filing for Federal Disability Retirement benefits to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal worker is under FERS, CSRS or CSRS Offset, is often one encompassing an attitude that, like the novel’s culmination, the act of filing is somehow tantamount to “the end”.  It is not.

Instead, it is merely a pause, an extension, a comma and a prosaic interlude, and nothing more.  The narrative of the human soul does not so cleanly enter the blank pages of demise; rather, life goes on, and like the thoughts which pursue the sentence marked by a period of finality, the beauty of it all remains with us like the residue of golden dust left sprinkled upon the twilight of life, trailing behind by an angel’s wings fluttering noiselessly upon the dawn of a hopeful tomorrow.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Employment: Relevant subjects and relating back

Is it merely a ploy?  Are all subjects discussed in order to get to the point of addressing the subject of disability retirement for Federal employees and U.S. Postal Workers?  Some might wonder; yet, from the perspective of this attorney, the answer is quite simple:  Having a medical condition, and the resulting need to prepare an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, is reflective of life’s multi-variegated challenges on a wider cosmic scale.

We tend to compartmentalize the trials and obstructions encountered; to say of this bump in the road, “Well, if only…”; and of that fallen tree in the pathway of our direction, “I should have done X instead of Y…”  A different perspective, however, is the interconnectedness of such travails, and to view the provocations of life within the greater context of living.

Thus, the linguistic universe of metaphors, fiction, narratives and the elasticity of language comprise the insular universe of the “self”; and whether one believes in the correspondence theory of truth — pre-Bertrand Russell and the English Logical Positivism movement — matters as to how one approaches any given problem; and the encounter with the “objective” world, whether taken with a grain of salt in embracing Kantian categories of enforced structures upon an otherwise chaotic universe, or in a systematic and methodological approach as Karl Popper did in his “scientific” construct where falsifiability and the avoidance of induction delineated the essence of human comprehension and ordering of a world otherwise incommensurate with a rational perspective; these all, in their aggregate and entirety, are relevant subjects and relate back to the experiences confronted by Federal employees and U.S. Postal workers in their struggle to find answers in a world devoid of questions posed and posited.

Thus, the introduction and prefatory remarks in each of these blogs may sometimes appear to be disconnected to the final point made for the Federal employee or U.S. Postal worker, and one can certainly “skip” the storyline and see what the end-phase content addressing the issue of Federal Disability Retirement contains; but that would be to overlook the relevance of the subject begun, and the relationship between one’s position as a Federal employee or a U.S. Postal worker under FERS, CSRS or CSRS Offset and the wider context in relation to all subjects far, wide and throughout history past, making in the present and developing for the future; sort of like skipping the first chapters in Charles Dickens’ masterpiece, David Copperfield, as J.D. Salinger denounced via the fictional but autobiographical character, Holden Caulfield in his equally masterful work, The Catcher in the Rye, where the story of a boy’s expulsion from a college preparatory school would represent an entire generation who saw Holden as the spark of the counter-culture to come, yet never experienced the horrors of war and combat as the author did while in the 12th Infantry Regiment — thus, further fodder for relevant subjects unspoken and relating back but to a generation yet unspoiled by the totality of experiences left for silent narratives and tombs unvisited.

Sincerely,

Robert R. McGill, Esquire