Tag Archives: schedule awards and disability retirement for federal employees

Disability Retirement from Federal Gov. Employment: The Viable Argument

In this postmodern era, is there such a thing?  What was once illogical — or, even worse, absurd — is now considered an acceptable and viable argument.

Logical fallacies are accepted; non-sequiturs are fully embraced; whether or not the “middle term” is carried over from the major premise to the minor is irrelevant; and “just because” is nowhere blinked at, as the final conclusion to every argument these days is that “everyone is entitled to his or her opinion” and it matters not whether specific facts undermine a viewpoint expressed.

Thus, does it even make a difference whether or not an argument is “viable” enough?

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management under FERS, an argument used in attempting to persuade OPM to approve your Federal Disability Retirement application is one which must appeal to the Statute, the Regulations, or to MSPB and/or Federal Circuit Court of Appeals Case-Law precedents.

Yes, there is still a distinction between an irrelevant, weak and inconsequential argument, and a viable one.  The viable argument is one based upon facts, the law, and an irrefutable delineation logical fortitude.  In order to make the viable argument, contact an OPM Disability Attorney who specializes in Federal Medical Retirement Law.

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 Disability Retirement Representation: Conversations

What is a conversation?  Or, is it an empirical phenomenon that — only when we are in the middle of it — we know as we experience it, but otherwise is undefinable?  If there are 5 people in a room but only 1 is doing the talking, is a conversation ongoing?  Must there be a “back and forth” give and take, or must something more be involved?  If the same 5 people are in the same room, and all of them are talking all at once, does that rise to the level of a conversation?  Does interruption and talking over one another undermine the definition?

What if there is extraordinary politeness — of each waiting his and her turn — and where no one interrupts, there is a pause between each discourse and a civility beyond mere lack of rudeness, but upon listening, one realizes that each one of the individuals is speaking about a completely different topic, and there is no interaction or even acknowledgment that anyone is listening to anyone else — does this all of a sudden undermine the concept of what is occurring?

This is an Age of Discord — of intractable positions taken, where the foundations that once formed the Age of Reason have been decimated and we are left with empty voices of loud vehemence, hollow in content but roaring in volume.  Truth, objectivity, logic and rational methodology — the very essence of discourse and conversation — have been hollowed out and cast aside.

It is now in camps of “us” against “them”, but the singular missing component that has devastated the capacity to have a conversation is the one that no one ever talks about: The ability to recognize and admit that someone else’s argument is superior to one’s own.

When was the last time you heard someone say: “Hey, that argument is quite good and persuasive.  I think you are right.”?  Instead, it is the familiar refrain: “That’s just your opinion.”  And as the volume of decibels increases, the content of substance proportionately and precipitously falls.

There are, of course, various levels of conversations, but one level is clear: Listen to the other side.  This also includes reading, recognizing and understanding the applicable statutes in an administrative process in order to meet all of the elements of the burden of proof.  Being intransigent and stubborn are qualities that makes one feel empowered, but concurrently, are often self-defeating.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal and Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it all begins with knowledge — of the statutes, the case-law and the precedents that apply.

We may all have to concede that the Age of Conversations is over; what we may be left with is a process where, at the very least, one must listen and try to learn.

Federal Disability Retirement is an administrative process which is never simple, and must be approached with knowledge, tenacity and an ear to listening to what is needed in order to meet the eligibility requirements.  Having a medical condition is a start, but it is not enough.  And like conversations that may have started but puttered out without fanfare, preparing an effective Federal Disability Retirement application will take more than talking about how we “feel”.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Conversation of one

Are we the only species which engages in it?  Do we ever see a dog standing aside and participating in such a phenomena?  Or a cardinal pausing in its morning melody of exuberant sing-song in order to address a non-existent other?  And, it isn’t even an artifice or convention for which the actor is being paid, as in an “aside” or a “soliloquy” where private thoughts are spoken aloud for the benefit of the audience, but where others in the drama act “as if” such thoughts are unspoken and shared not.

But we engage in such dialogues of diatribes:  with friends whom we practice in order to share; of spouses concerning the most intimate of matters; of bosses and coworkers to whom we failed to respond at the crucial moment, but now vent by a conversation of one of that which we wished we had said, desired to rebut, and cared to ponder.

The proverbial quip, of course, is that we are “okay” so long as we have such unilateral dialogues; it is only if the imaginary “other” begins to respond, that we then must consider the state of our own sanity.  But such colloquies occur daily, and throughout life; in quiet moments of reflective self-searching; of what we “would” have said, could have uttered, and in retrospective fashion, desired to have conveyed.

The conversation of one is often never shared; once exhaustively vented, it withers away like the ashes from a once-roaring bonfire, consuming all of the human detritus piled in anger, disgust and resentful remorse, then with watchful eyes applauded as the engulfing flames consume the aggregation of the collective angers, hurts and inflicted bruises of a shattered inner self.  It is sometimes the tool in preparation for a necessary confab; or an exchange with a worthy opponent; and where ad libbing without proper preparation is acknowledged to result in likely disaster.

The conversation of one — we have all had them; with parents and siblings; of sons and fathers; and for cardinals who chirp in the morning glory of a dew-filled mist in the obscured world of linguistic artifices constructed upon vacuity of purpose, it is the beauty of a filled universe without the complexities of human drama unfolding, that makes for worth and value.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, however, the need to have that conversation of one is often a prerequisite precisely because medical conditions comprise the most private of concerns, and absolute confidentiality must be adhered to and the strictest of trust kept.

Attorneys have an inviolable rule for trust, confidence and confidentiality, and privacy concerns should never be a question.  At some point, that conversation of one needs to be expanded to include an exchange involving proper medical documentation, the statutory criteria, the legal strategy to pursue, and the content and context of what must be included in order to prepare, formulate and file for an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management.

Preparing an effective Federal Disability Retirement application through OPM, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, will often begin with a conversation of one, and that is understandable; but if it remains a mere soliloquy, as in a Shakespearean play where each in an audience believes that he or she is the sole soul who heard it, then it will remain merely as the unconquered thoughts of countless past warriors who gave up lives for a cause left in futility, and where the present is never confronted, and the future left unsecured.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: Of Karl Popper’s ‘World 3’

Karl Popper’s division of the world into three clean segments of definable universes was, on the one hand, quite controversial — especially as the esoteric world of philosophy had been steadily ‘progressing‘ towards pure materialism and scientism; and yet, on the other, self-evident to almost a simplistic, tautological fault.  Perhaps that is the very implication of profundity: it is that which appears so basic and elementary as to presuppose idiocy, but containing such inherent complexity as to remain beyond the reach of most.

In simple terms, the division of the world followed the classic lines of human history and linear development of evolutionary concordance: ‘World 1’ referred to the physical universe surrounding us; ‘World 2’, the purely psychological make-up of human beings, with a special concern to Popper concerning the internal pain and anguish which we feel; and of ‘World 3’ — that universe which is the subject of this short blog, the aggregate of human products and man’s creative injection into the world, comprised of art, literature, cars, buildings, customs and normative behavior, including dress, style, fashion, etc.

There is, of course, inevitable interaction and intersecting between the bifurcated ‘worlds’ — for example, a book of literature (say, Salinger’s The Catcher in the Rye) would be both an object existing in ‘World 1’ as well as a product of human creativity from ‘World 3’. But note the peculiarity of the overlap, which makes for a unique phenomenological observation: Say you had 2 copies of the book, but one which was published in January, 2015, and another with the stated date of July, 1951.  Consider further the added element that in the latter edition, a scribble appears, which happens to be the autograph of the author.

From the perspective of Popper’s ‘World 1’, both objects would appear to be essentially identical — with the former intact, and the latter somewhat damaged because of the graffiti defiling a clean page.  However, from the vantage point of the person who possesses and ‘owns’ (a concept which would clearly belong to Popper’s ‘World 3’, as well) the autographed object, a sudden recognition of value, wealth and uniqueness would immediately attach — leaving aside intersecting points with ‘World 2’ involving envy, jealousy, awe and disbelief (which would be shared by the undersigned writer).  Thus do the various and variegated ‘worlds’ of Karl Popper posit for our study, agreement/disagreement, and further reflection.

Such division and segmentation of worlds and universes are often proposed merely for esoteric and pedantic purposes; of ivory tower conceptual constructs which have little to do with the day-to-day lives of ordinary human beings who struggle to make a living, maneuver through the complexity of the world, and attempt to survive the manipulative machinations of a society governed by microcosms of powerful but unnamed sources of evil and collusion.  But there is a recognizable worth and value to some of us, for pointing out the existence and demarcation of artifice as opposed to the natural environment from whence we came.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, such a bifurcation of the universe into clean segments of definable compartments, is to recognize that the complexity of the administrative and bureaucratic process encapsulating the entirety and aggregation of the process cumulatively entitled, “Federal Disability Retirement under FERS, CSRS or CSRS Offset”, is ultimately a product of Popper’s ‘World 3’, and not merely a nightmare emanating from the deep recesses of our troubled psychosis self-contained in ‘World 2’, but of an intersection between the universe of madness created by our own desire to further separate ourselves from the simplicity of ‘World 1’, from whence we came.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: Superiority in light of misfortune

Why is it that we delight in the misfortune of others?  Is it a perversity of defective character, like a genetic malformation of deviancy magnified by exponential proportions within the essence of man?  Or, is it that, by comparative analysis and contrasting the parallel states of being, we can elevate our own estimation of worth by pointing to the relative denigration of our neighbor?

Certainly, we proffer the words of appropriate opprobrium; “I feel badly for X”; “I get no joy out of hearing that,” and similarly innocuous statements of hypocritical emptiness.  But we liken the principle of action/reaction, downward trend/upward spectrum, and similar opposites to reflect the superiority of our own circumstances.  “Here by the grace of…”  Is that why the “herd mentality” and the predatory instinct of running with a pack of wild dogs from whence it arises?

For Federal employees and U.S. Postal workers who suffer the indignation and daily harassment at the hands of agency coworkers, Managers, Supervisors, and those who were once considered “workplace associates”, and further fine-tuned and magnified in the hostile milieu of the Postal Service, the daily encounter with pure meanness and focused unpleasantries is experienced pervasively by the Federal and Postal employee who suffers from a medical condition, such that the medical condition begins to prevent the Federal and Postal employee from performing the essential elements of one’s positional duties.

Why, when the medical condition itself should empower one with greater empathy, a higher reception of closeness and affinity, does the very opposite phenomena take place?  The superiority of others in light of one’s misfortune speaks ill of the human essence.

That is why, in the end, 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, is an important step to take for the Federal or Postal employee, precisely because it allows for a “new beginning“, a “step forward”, and all of the cliched foundations in order to escape the greatest delusional cliche of all:  Superiority in light of another’s misfortune, when in fact nothing has changed, either for the one who feels better, nor for the other who suffers, except that the perversity of man is merely reinforced with a deserved reputation for cruelty.

Sincerely,

Robert R. McGill, Esquire

 

OPM Federal Medical Retirement Help: Paroxysm of Fate or Faith

Of the former, it forces us within that fitful slice of time to endure the determined events beyond our control; and as to the latter, it does almost the very opposite:  it grants us a reprieve of sorts, and draws us into the delusional universe of believing without cause.  Causation is indeed the harbinger of validity and scientific accountability; whether and by what means the short-lived fit of revelatory insight occurs, the paroxysmal opening of one’s eyes to the reality of a matter can result in truth unveiled, or falsehood concealed.

We tend to live life like that; one moment, we sigh and throw up our hands to the gods of determinism and complain that we have no control over whence we came, the essence of our present being, and where the journey will take us; and in the very next instant, we fervently believe that if only we were to make our urgent pleas more loudly known, our very belief would impart the causation of a cold and impervious universe to move mountains and shift the tectonic forces of nature’s aplomb.

Man — that animal half caught between instinct and rationality, betwixt carnivorous vengeance and civility with a clink of teacups; yet, subject to the whims of gods and determinism.

Medical conditions will often exacerbate that tendency towards the extreme of one side of the spectrum or the other; tendencies tend to magnify when the human condition deteriorates.  For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact and influence the ability and capacity of the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal positional duties, it is important to maintain an equilibrium of sorts.

Medical conditions, by their very nature, will often skew the linear reality of a situation, and therefore it becomes important to seek out advice, counsel and wisdom in determining the best course of actions to undertake for securing one’s future and stability.

Federal and Postal employees, whether under FERS, CSRS or CSRS Offset, need to take care not to allow themselves to wither and bend by the vicious winds blown thoughtlessly by the Federal agency or the U.S. Postal Service, and instead to retain that balance of foresight, between the paroxysm of fate and that of faith, and instead to partake in the essence of the angels above, and not the imprints of our animalistic past, in preparing an effective Federal Disability Retirement application for submission to the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire