Tag Archives: rotator cuff tear disability opm medical separation

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: The Lie of Agnosticism

Bertrand Russell was famous for it (who would not be — of a tall, slender intellectual with a shock of white hair with that image of a long-stemmed pipe puffing with short bursts of tobacco smoke trailing pervasively behind between haltingly muttered sentences of profound logical confusions?); most of us are lulled into it; and the unwary may think that it is a more intellectually honest position to take, where neutrality stuck between traditionalists and the fervency of iconoclasm is preferable if only because avoidance of unpleasantries often directs of intents and motivations.

Yet, look beneath the surface: Russell certainly wrote and lectured enough against the existence of a supernatural being, as opposed to advocating on behalf of evidence supporting the existence of God.  Countless essays and arguments critical of the illogic inherent in Aquinas’ famous “5 Arguments” or Anselm’s Ontological Argument and — of more modern vintage, Kurt Godel’s formal argument (that is if we can even understand the mathematically complex propositions posited by Godel, who stands apart, along with his friend Einstein, in comprehending the mysteries of the universe) are propounded by Russell, with nary a sentence in support.

Most agnostics are atheists; they just don’t want to be bothered by being confronted with that fact.

Medical conditions are like the clinging to agnosticism: We want to avoid the direct assault and confrontation, and so we keep procrastinating, avoiding and delaying.  Filing for Federal Disability Retirement benefits under FERS is like the conversion of an agnostic to the reality of atheism, or its antonym: The reality of recognizing that we can no longer avoid.

Consult with an attorney who specializes in Federal Disability Retirement Law; at a minimum, you can see whether you are truly an agnostic, or merely ensconced in the Lie of Agnosticism.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement Help: The Man from Mars

It is a strangeness that cannot be avoided.  Sort of like Thomas Nagel’s famous philosophical essay, “What is it like to be a bat — for a bat?”  It is the “for a bat” that makes all of the difference; for, as Nagel himself pointed out, it is easy to imagine what it is like to be a bat — i.e., have wings, fly in the dark of night, screech, eat bugs, etc.  However, the uniqueness of actually being another creature — of having a separate and distinct perspective from that of a human, man-centered purview — is something that we will never be able to achieve.

Others, like those in Daniel Dennett’s camp, counter that there is no Searle-like “ghost in the machine”, and that consciousness is merely comprised by the aggregate of the neurological connections that make up the human body, and there is nothing metaphysical beyond the physical, no “trans” or “meta” existence beyond the firing of neurons and wired transmitters — in other words, the uniqueness of an individual is nothing beyond what we see and experience.

The cynic, of course, would look at the neanderthal that we have become, where we stare into our Smartphones like zombies and laugh uproariously as the crudest of jokes, and nod in agreement.  But what of the experiences of the extraterrestrial — does that shed any further light upon the issue?

Take, for example, the concepts explored in works like, The Man who Fell to Earth, starring David Bowie, or Robert Heinlein’s story of science fiction, “Stranger in a Strange Land” — where an alien culture and perspective meets with the consciousness of the banality found on earth; is it any different than when Native Americans first saw the ships appear upon the horizon of the Americas?  What is the natural response of the Man from Mars, and what is our response when confronted by an alienation of cultures, processes or foreign encounters?

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 job, the strangeness of the experience itself is often daunting, at least in two or three ways: First, the medical condition itself is a phenomena that is alien, where previously the Federal or Postal employee was a healthy, vibrant individual.  Second, the fact that the Federal or Postal employee cannot “do it all” is another foreign concept that one has to adjust to, and that is often difficult enough.  And Third, the experience of meeting adversity and sensing a negative reaction by one’s own Federal Agency or the Postal Facility one works at — that, too, is a foreign and alien experience, where before the Federal or Postal employee felt like he or she was a member of that “team”, and now the treatment accorded is one likened to a plague or infectious disease.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether he Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often an experience likened to the Man from Mars — and because of this, the Federal or Postal employee who needs to consider Federal Disability Retirement might want to consult with a tour guide, otherwise known as an attorney who specializes in the attractive sights on Mars and within the purview of the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement under FERS & CSRS: The Art of Expression

The title itself plays upon multiple meanings and combinations of words otherwise with connotations and implications intended within a panorama of conceptual constructs utilized in everyday discourse.

‘Art’ itself is an expression of sorts; “Expression’ is both a form of ‘Art’ and an actualization of it; and so to refer to the ‘Art of Expression’ is not merely somewhat of a redundancy, but further, a tricky combination of two entirely separable concepts, independent and yet expressing [sic] a specific duality of meanings.  Expression, whether of the verbal sort or, as in this instance, of the written variety, is indeed a form of art.  It is so by default.  Not being a discipline of precision; not anywhere near a science of any sort; not an academic major or even a subject that can ever be fully mastered; it is, nevertheless, an art form that thrives or places an indelible blemish upon the language of one’s upbringing.

Good writing, concise discourse, proper grammatical usage and persuasive argumentation in delineating a perspective and point of view continues and remains an art form that is lost in the daily plethora of linguistic garbage.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition requires the Federal or Postal employee, whether under FERS, CSRS or CSRS Offset, to ponder preparing an effective Federal Disability Retirement application, consideration must ultimately be given to the art of expression when formulating the answers to SF 3112A, Applicant’s Statement of Disability.

In preparing, formulating and putting the final edits and touches upon one’s Statement of Disability, the Art of Expression must be considered:  Does it adequately describe your medical conditions and the symptoms experienced?  Do the legal arguments persuade?  Does the medical documentation support the statements put forth?  Does the statement paint a picture of coherence within a universe of incoherence engendered by the medical condition itself?  Is the nexus sufficiently created between the medical condition and the positional duties?  Has one applied the principles of Henderson v. OPM, the Bruner Presumption, the Simpkins application, the Bracey Principles and multiple other legal underpinnings?

The Art of Expression is the capacity to pull together the vast compendium of expressive resources available, and the first step in reaching that goal is to consult with an attorney who specializes in 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

 

Federal Government Employee Medical Retirement: The missing comma

To what extent does language influence life?  As a mode of communication, sounds and utterances can certainly be restricted to a minimum, without threatening survivability; and in the history of our vast universe of words, thoughts and conceptual constructs embedded in dusty warehouses of discarded books, manuscripts and love letters tucked away in drawers once meant to safely keep where memorabilia of treasures remain unrevealed, does the competence of applying grammatical rules matter, anymore?

Do the dominos of historical reverberation fall in fated inevitability — like the missing comma which resulted in a lesser grade for the boy who would be king, but because of the diminished mark, failed to meet the expectations of a royal family who favored the second child, anyway, and beheaded the law of primogeniture; and thus did inevitability fade, history alter, and the child-king who would not be turned to savagery and the took revenge upon the world by becoming a little-known mass-murderer but to those whom he slaughtered.

Can the course of history be altered by the lack of placement of such a curved indentation of fate?  Where, just a fraction of a distance above, it is but an apostrophe which betrays the possessive embrace of a noun standing beside, but for the careless droppings which turn it into a comma?  Sometimes, of course, the misplaced comma can change the entire context and meaning of a sentence, and then the question becomes, do such misinterpretations have any force of impact, anymore, to the extent of interceding in the life of an individual?

Language is a peculiar invention; among other species, we recognize sounds, murmurings and signals to communicate; but to constitute the higher level of combining thought with words spoken and concepts written, requires an advancement of evolutionary uniqueness not discovered by fellow beings of other natures.

For Federal employees and U.S. Postal workers who must communicate and convince because of a medical condition, where the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal positional duties, trying to maneuver through the administrative chaos of the U.S. Office of Personnel Management with an effective Federal Disability Retirement application — as ensconced in SF 3112A, Applicant’s Statement of Disability — is the highest of tests in the usage of language as a tool of persuasive activity.

It may not seem so, as any encounter with a bureaucratic maze will often appear to be merely an arduous chore of necessity; but, in fact, engaging a behemoth and arguing it from its slumber of overwhelmed caseload is a reflection of man’s penultimate destiny of a chance meeting between grammar and life undeservedly faced:  Of whether the missing comma is of relevance, anymore, in this age where the possessive pronoun no longer matters when a computer can delete the words left unsent.

Sincerely,

Robert R. McGill, Esquire