FERS Medical Retirement from OPM: Substance Replacement

It had to happen.  In a post-factual world, when facts have been abandoned and rational discourse and logical argumentation no longer matter — substance must be replaced with something.  Shouting; humor, peripheral and ancillary content-jargon; anything to address the substance of an issue; the replacement may be indicative of anything and everything — for it is the substance replacement which matters.

There is little which can be done; with the educational system the way it has developed, it is little wonder that substance has been replaced with fluff.  The classics have been abandoned; anything cognitively challenging has been expunged; logic has been deemed too difficult; rational discourse is a thing of the past.  One only has to pound the table and argue vociferously; and that is what we call, these days, civil discourse.

For Federal employees and U.S. Postal workers needing to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS, fortunately “The Law” still must prevail, and substance replacement — although it still occurs in the Denial Letters issued by the U.S. Office of Personnel Management — must still engage in the relevant import of case-law and statutory authority.

Contact a FERS Disability Lawyer who specializes in Federal Medical Retirement Law, and don’t allow for the rubbish which the U.S. Office of Personnel Management engages in when denying a Federal Disability Retirement case, and certainly do NOT allow for the substance replacement of your rights as a Federal employee or Postal worker under FERS.

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

 

Early Retirement for Disabled Federal Workers: Playing with words

What does it mean when a person alleges that you are “just playing with words”?  It is like the non-lawyer public who charges that a certain criminal “was gotten off on a technicality”, whereas the universe of lawyers sees that as a tautology:  Of course the person was found innocent based upon a “technicality” — for, isn’t all of law just that: a technicality?

There is, of course, some kind of implication that seeps beneath the surface of such a charge — that there is an inherent dishonesty in the manner of speaking certain words; that there is an “intended” or primary meaning of the usage of certain words, phrases or concepts, and that when they are taken out of context, seemingly used for a different, perhaps nefarious or self-interested purpose, then one is “playing with words” because dishonesty must by consensus be the condemnation of words used as toys in the hands of a thief.

What would the negation of the allegation be: of a person who declares suddenly, “You are not playing with words”?  Is that the appropriate charge when a person is blunt — like the current political arena of this new breed who says outright that which others merely reserve thoughts for in the privacy of insular lives?

Is that what diplomacy is substantively about — of “playing with words” so that double and triple meanings can be conveyed, leaving everyone paralyzed and motionless because no one knows what everyone else is thinking — at least, not in any precise manner?

Or, perhaps there is a different sense, as in: Words once upon a time held a sacred status and when we demean, abuse or misuse words in a certain way, then we can be charged with “playing with words”.

Sometimes, there are instances in which meanings are “stretched”, or when conclusions that are declared in an unequivocal manner do not coincide with the findings made or the evaluative analysis conducted, and so there is a “disconnect” between fact-finding and conclusion where a person declares unequivocally:  They are just playing with words.

For Federal employees and U.S. Postal workers who suffer from a medical condition where the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, 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, may become a necessity.

In that event, recognize that the entire endeavor is a complex administrative and bureaucratic action that must engage the arena of “words” — and some of it may involve the “playing of words” in the sense that you may have to tinker with different sets of words where comfort and becoming comfortable with unfamiliar concepts and phraseology “come into play”.

When an individual — you — who suffers from a medical condition which you must then step “outside of yourself” in order to describe yourself in “objective” terms, then it can become an oddity which may seem like you are “playing of words”.  In such an event, it is often of great benefit to consult with an attorney so that the very person utilizing the vehicle of words in describing one’s self is not the same person “playing with words” as the very person who suffers from the descriptive words being played with.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: The futile treadmill

If an alien from another universe came to visit the world of Humans and somehow landed within sight of a gym or some semblance of a physical fitness facility, and remained invisible to the watchful eye, the single contraption that would puzzle and befuddle would be the treadmill.

For, ambulation upon the mechanical device would surely be observed; and upon a certain amount of time, the alien visitor would reflect that the person who remained upon the contraption would suddenly depart and actually go from Point A to Destination B, and so the puzzling conundrum of query might be: What in the world (or universe) was this person doing walking upon a revolving platform without going anywhere, then leaving it behind to then go somewhere?

All geared up with wires and headphones, with digital monitors that made beeping noises and flashing signals — but going nowhere; whereas the alien, who is dependent upon sophisticated time-warp technology in travel and transport, would consider the exertion of physical ambulation to be a primitive form of an inconvenience to reach a destination point, but would be quite enthralled by this act of futility upon a treadmill.

It is, indeed, an absurdity when one pauses and reflects: of a contraption that moves as if one is traveling, but without an individual who has any intent of reaching any particular destination point.  Or, what if the alien visitor were to view a randomly selected community from above — comfortably watching from its invisible spaceship hovering with telescopic devices — and sees the hundreds, nay, thousands of joggers and runners who begin from destination Point-A and…returns to destination Point-A.  Would that not similarly confound, confuse and befuddle?

From the perspective of the outsider, the futile treadmill has no purpose, no rationale, and certainly no cogent explanation that would account for the manner in which many of the human species behave.

For Federal employees and U.S. Postal workers who are on a similarly futile treadmill — that of attempting to continue to work despite having a medical condition that tells you otherwise — it may be time to begin contemplating preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Federal Disability Retirement is precisely that benefit that is meant to get you off of the futile treadmill, and to begin to allow you to secure your future, as well as focus upon your health.  Getting off of the futile treadmill is the difficult part — of your dedication to your work and career; of the comfortable salary or wage that is being earned; and of the sense that, so long as you remain on the treadmill, somehow it will get you somewhere beyond the point of your medical condition.

Sometimes, however, the alien’s perspective is the more objective one, and remaining on the futile treadmill will continue to go nowhere or, worse, it may speed up and knock you off of the treadmill itself; then, what will you be left with?

Filing 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, is a daunting bureaucratic process, and the time is likely ripe to begin it now by consulting with a seasoned attorney specializing in Federal Disability Retirement law, lest the futile treadmill begins to leave you behind.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The spam of life

Have you ever been amazed by how much “spam” there is?  Consider how many individuals, organizations, groups of individuals, people sitting in their bedrooms with a laptop, etc., trying to scam and spam, for whatever nefarious reasons hidden; it is as if the whole world has gone mad.

Is it true that the great majority of such leftovers often filtered by computer software dependent upon the dubious intent of those who would infect and harm, is produced for the most part by a single individual, group or entity, and the rest and residue by the remainder and leftovers less calculating and invidious?

How is it that we have accepted such human detritus as a normal component within our daily lives, such that we even have a special “folder” that is designated for “spam”, where the software mechanism kindly identifies and re-routes such unwanted crumbs into that neatly identified space, so that in the morning we can just click upon the icon next to it that deletes it into a “garbage” can.

In “real life”, is there such neatness?

But that there would be a software mechanism that rerouted all of the annoyances and irrelevancies in life itself, like the spam that is cordoned off, isolated and singularly quarantined so that we never have to actually deal with it.  Wouldn’t that be nice?  A person who you do not want to speak with begins to approach you.  Bam!  He is immediately carted away and placed into an isolation cell.  A problem within the family arises that is distasteful and irritating.  Slam!  It is summarily solved by swiftly being designated as a spam of life.

Symptoms of a medical condition begin to impact your health.  Pause.  Somehow, you cannot always equate the spam of the computer world with the spam of life; not everything can be simply rerouted and discarded, forgotten forever.  It would be nice if such were the ingredients of life, like that in the world of computers; unfortunately, some things have to be dealt with in a different manner, by a differing approach.

For Federal employees and U.S. Postal workers needing to file 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 spam of life is the medical condition itself, and despite our desire to have a computer software somehow make it go away like computer spams that try and infect the technological creations of modernity, there is no special manner in which it can neatly be tucked away into a separate folder.

Instead, the spam of life must be dealt with as with all other similar problems in life’s complexities – by careful preparation, fastidious formulation and timely filing of an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, so that other computer spams and unwanted spams of life can be more easily dealt with for a better tomorrow free from the junk mail of a future yet unknown.

Sincerely,

Robert R. McGill, Esquire

 

Postal and Federal Employee Medical Retirement: Preponderance of the Evidence

It is the legal standard by which civil (non-criminal) adjudications are based upon, and whether or not it can be rationally demarcated as against other standards – i.e., “Clear and convincing evidence” or “Proof beyond a reasonable doubt” is a question for legal theorists and the schools rendered under the general aegis of, “The Philosophy of Law” – is a valid question in and of itself.

For, we can dress prettily and puff up the definition of what it all means, and bifurcate and explain how the three standards are distinct and differentiated by the increasing severity of the criteria to be applied, but in the end, the juror who goes back into the room to consider the guilt or innocence, the fault or apportioned negligence, is entirely subjective.

For, is there a clear demarcation as to what “reasonable” is?  Can one delineate what is “clear” to one and “convincing” to another?  If a witness has perfect recall and a persuasive manner of telling a “story”, if one juror blurts out, “Oh, but his eye twitched and he was clearly lying through his teeth!” – what then?  And the concept that one side has a “preponderance of the evidence”, or to put it in different but equally confusing terms like “more likely than not” or “the greater weight of truth” – what do all of these analogies and metaphors mean, in the end?

Surely, there are the “easy” cases – an entire football stadium who saw a man shoot another, and the assailant who confesses to the murder; these, we can say are “beyond a reasonable doubt”, but even then, a single juror who has a beef against societal constrains can “nullify” a verdict by holding out.  So, what is the answer (or, for some who are still confused, “what is the question”)?

For Federal employees and U.S. Postal workers who are entering the legal arena of preparing 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, the expectation, of course, is that the OPM Medical Retirement application will be approved at the first or second stages of the process – i.e., at the Initial Stage of filing a Federal Disability Retirement application with OPM, or at the “Reconsideration Stage” of the process after an initial denial.

That being said, the Federal or Postal employee must – and should – consider the Third Stage of the Federal Disability Retirement process, which involves an Administrative Judge before the U.S. Merit Systems Protection Board.  That is when the legal standard of “Preponderance of the Evidence” will ultimately become relevant and operative, and where the evidence gathered and the amalgamation of arguments proffered becomes a basis for testing the validity of legal standards and the meaningful application of the law, evidence, and statutory interpretations.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The Trinkets We Hold Dear

If value of item determines retention of possession, then few trinkets would survive the test of economic viability; but a quick perusal of one’s home will often discover large caches of sentimental liabilities strewn throughout.  What determines value, then?  Is it the monetization of an item?  Or perhaps the psychological attachment, combined with the economic forces in capitalism of supply and demand?

Real estate values soar and plummet daily, and when one considers the “high end” fluctuations where market reductions may comprise differences in the millions, one wonders about “true value” and “false valuations” of goods and services whether small or large.  If you go through your house and begin to account for the trinkets we have amassed, is it because of the monetary value attached that we continue to retain it, or the memories and golden threads of psychological ties which bind?  Is it not often the same with other issues in one’s life — of even friendships, pets and jobs?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to prevent one from performing one or more of the essential elements of one’s positional duties, the question one needs to ask at the outset is:  Why are we holding onto this trinket for dear life?  Is it really worth it?  At what cost?  What are the ties that bind?

Filing for OPM Disability Retirement is always a traumatic event; for, it is a dramatic change, often within a context of caustic and hostile circumstances.  But to remain is rarely an option; to walk away with nothing is not a wise one; so, one is often left with the best alternative possible:  to prepare, formulate and file 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.

And like the trinket which holds one bound to memories of yore unblemished in their reflective delights of past warmth, they remain so, like the pitter-patter of a soft summer day’s cloudburst, stopping only to reveal the misty haze of a childhood dream.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Cosmic Intransigence

The complaint is most often heard in a converse manner — that because of the minutiae and daily details required of one’s energy, focus and concentration, the “larger picture” fails to be seen.  But the reverse is just as true:  we often overlook the significance of the mundane, justifying such neglect by arguing that it is the cosmic and universal principles which are of greater relevance; mere human beings within the aegis of humanity, are but flies in a smattering of a decaying universe.

And while grand principles are indeed noble, and provide for paradigms upon which notable historical movements have been based, it is ultimately the monotony of hopes and dreams, as held and projected by youth in turmoil and wanting, which create the sprinkling of golden dust blowing by to sparkle the dreariness of daily toil.  The cosmic will always be intransigent; there is nothing to be done with it, as natural laws, the fate of karmic forces, and the ethereal foundations of the universe will continue to move history, economies and world events forward, with or without the input of ordinary people.

The world is a mere playground for the wealthy and powerful, and the gods which play with the cosmos are already intransigent in their own brutal way.  But that is precisely why the personal problems of individuals amount to so much more than the aggregate of a single life; the “greater picture” will always be there; it is the seemingly insignificant life which makes for beauty and worth.

For Federal employees and U.S. Postal workers who become disheartened because of the cosmic intransigence of the “greater picture”, it is precisely the focus upon one’s own life, family, future and time yet left for greater endeavors, which should be the focus of today, the dream of tomorrow and the concentrated efforts of past remembrances.  When a medical condition begins to impact one’s capacity and ability to perform the essential elements of one’s positional duties, the Federal or Postal employee needs to consider filing for Federal Disability Retirement benefits, precisely because the “larger picture” will always be there, but the smaller details of necessity call for one’s effort in securing one’s place in that greater context.

When one’s health is threatened, the fragile nature of one’s being, the sense of insignificance and loss of place and relevance in society, becomes overwhelming.  But it is precisely within that context that the importance of carrying the burden forth becomes all the more relevant; if not for grander principles, then at least for one’s own self, family, and friends who care.

Filing for Federal Disability Retirement through the U.S. Office of Personnel Management may seem like another mundane detail of bureaucratic life which one must pursue, but it is what one can do in the next phase of one’s life that will matter, while all the while the cosmic intransigence of an impervious universe coldly stares back with the laughter of fate and determination to destroy.  It is up to each of us to defy such willfulness of intransigence.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Law: Fool’s Gold

Pyrite is often the element mistaken for gold, with its bright yellow appearance and shiny, reflective compound.  Why a given mineral is determined of greater value than another of similar appearance is a complicated affair, encapsulating economic principles of supply and demand, the fungibility and replacement feature of one over the other, and the plain fact that the elemental differentiation itself constitutes “real” versus “fake”.

It is, in history books, novels and plays, a metaphor for greed, corruption, ill-fated endeavors, and motives which propel obsessions of determined failure and futility.  For that which we seek with a blind eye, we end up becoming blinded to.  During the course of a career, one can often lose sight of why we were working towards a goal, the values which we once cherished, and the reasons for our very essence and being.

For the Federal employee and the U.S. Postal worker who suddenly finds himself or herself with a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s positional duties, the metaphor of the fool’s gold is an instructive one.  For, to pursue one’s career at any cost, is ultimately a fool’s errand; and when the price to pay is one’s own health, such a continuing act of futility can result in greater calamity than necessitated by one’s progressively deteriorating circumstances.

Priorities in life always have to be readjusted, in order to accommodate the unexpected vicissitudes of life’s challenges.

For Federal employees and U.S. Postal Workers, the work is important for most, and is a “high priority” in order to accomplish the mission of the agency or the Postal Service; but when one’s health contraindicates the priority of one’s Federal or Postal career, a change of venue should be considered, and filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is an important first step in making sure that the proverbial pot of gold one once sought, has not been replaced by the mirage of fool’s gold, lest the leprechaun who mended your shoes is caught during the process, in which case the three wishes granted may override the need to reshuffle one’s priorities.

Sincerely,

Robert R. McGill, Esquire