OPM Disability Pensions under FERS: Faith in Fairies

In a Post-Factual world, it is easier to have faith in fairies.  The universe for human beings has become almost exclusively insular — of being on the computer; of Smartphones dominating the focus, concentration and attention of everyone at all hours, every moment, every minute, etc.

As the age-old “correspondence theory of truth” has been debunked — alas, even forgetting the “correspondence” part, the entire structure of the theory of truth itself has been dismantled — so we need not compare our word games with anything “out there” in the objective world to determine whether or not “what we say” corresponds to “what is out there”.

There are, of course, exceptions to every rule, as in the rule of whether or not human bodies can withstand walking in front of a 2-ton truck traveling at 50 miles per hour, and other such life-endangering events which may not quite correspond with the declarations that “I am superman and indestructible”.

And if you can believe that the earth is flat so long as you are not planning on taking a cruise beyond the ends of the earth; or, even if you are, likely no harm will come to you.  And you can believe in Fairies.  Actually, some Scandinavian countries always believed in them, and apparently have road signs allowing for their safe crossings.

But of more practical matters — like preparing, formulating and filing an effective FERS Disability Retirement claim under FERS with the Office of Personnel Management — you may want to abandon, or at least set aside, any faith in Fairies, and instead to contact a competent retirement attorney who specializes in Federal Disability Retirement Law, lest the correspondence theory of truth might still somewhat apply.

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 Disability Retirement: Ostensibly

It is a funny word, in many respects; for, it presumes and assumes what may not actually be the case.  The word, “Ostensibly”, is used to describe that which is apparently so, or purportedly assumed, but may not actually be so.

Thus, one might say of an individual who is wearing clothes appearing to suggest that he or she works in a blue-collar job, and perhaps wears a tool-belt which suggests and confirms him/her to be such, that “he is ostensibly a carpenter”.  How does the adverb qualify the noun?   Because we don’t actually know, do we?

By his appearance and the fact that the individual carries around a tool belt which contains, perhaps, a saw, a hammer, a nail gun and other pertinent and revealing instruments indicating what a carpenter would require, we make an assumption that he is “ostensibly” a carpenter.

Now, it would be strange if you were to ask the individual what his profession was, and he confirmed that yes, he was a carpenter, then to state to a friend later on that “Joe is ostensibly a carpenter”, because if you have confirmed that the person “Joe” in reality is a carpenter and there is no longer an assumption, then to apply the word “ostensibly” would be rather odd — unless, of course, you thought that he was lying and that he only wore the tool belt to fool you, or was a half-wit who was engaging in “make believe” that he was a carpenter, etc.

In other contexts, the term “ostensibly” often applies, as well — as when the U.S. Office of Personnel Management denies a Federal Disability Retirement case and makes a multitude of arguments which, in the end, implies that you are merely “ostensibly” disabled (although they will never use the word itself).

For, what OPM is saying in a Federal Disability Retirement case under FERS in denying the Federal employee’s application for Federal or Postal Disability Retirement benefits, is that while you may allege to be disabled or unable to perform one or more of the essential elements of your job, you are actually not disabled.

If that happens, you will need to contact a disability attorney who specializes in Federal Disability Retirement Law; for, you will need more than an attorney who “ostensibly” does Federal Disability Retirement Law — rather, one who is, in reality and in fact, an attorney who specializes in it.

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 Retirement from Medical Conditions: Proof to Conclusion

It has been pointed out by many philosophers that Socratic Method is not the manner in which most people conduct their lives in arriving at beliefs.

Rather than the traditionally-accepted engagement of searching for evidence and analyzing such evidence, then arriving at a conclusion based upon the strength of that evidence, the very opposite occurs: We first form our own conclusions, then accept any and all evidence which tends to support that belief, simultaneously excluding and ignoring any semblance of evidence which may contradict our firmly-held beliefs.

“Proof to conclusion” is the supposed paradigm; in reality, “conclusion without proof” is the working norm.

And, perhaps, part of the problem as to why we operate in this manner is because we are a nation of lawyers, and why the adversarial system is also “supposed” to operate in a dialectical manner where contending “proofs” are meant to clash and contradict, until the “truth” somehow dominates the adversarial contentiousness and makes its appearance in a persuasive manner; yet, somehow, it doesn’t seem to work in the way it is supposed to.

In reality, what law school teaches is the following:  “Here is the conclusion we want to reach; now, go and find the legal precedents which justify the conclusion which we have already reached.”

For Federal Government employees and U.S. Postal Service workers who are contemplating preparing an effective Federal/Postal Disability Retirement application under FERS, this manner of counter-rational — or, reverse-thinking — can be a detriment in putting together a sufficient Federal or Postal Disability Retirement application with the U.S. Office of Personnel Management.

On the one hand, “Conclusion-then-proof” is somewhat of a “given”, inasmuch as the “conclusion” has already been reached:  That you have an impeding medical condition requiring the submission of a Federal Disability Retirement application, and the “proof” must thereafter be obtained.  On the other hand, the legal criteria required by Federal Disability Retirement Law looks for the Socratic Method — of providing proof, then allowing the governing body (OPM for Stages 1 & 2; the MSPB for Stage 3 of the Federal Disability Retirement process) to reach its own conclusion.

Thus, both the “traditional” method (otherwise known as the Socratic Method) as well as the counter-normative method are involved.

In either case, it is important to have the guidance of a Federal Disability Attorney who specializes in OPM Disability Retirement Law, where both the Socratic Method and the Counter-Normative Method can be employed, where — in the end — the “proof to conclusion” can stand a chance to get an approval for Federal Disability Retirement benefits 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.

 

Federal Medical Disability Retirement: Of Life’s Bindings

What is it that binds us to life?  We are well aware of those things which unbind us — loss of family and friends; major changes; upheavals; divorce; medical conditions.  The things which unbind us from life are those which create havoc, extend joylessness beyond mere momentary emotions, etc.

The things which bind us to life are those events, encounters and elements which enliven us, reinvigorate our spirits, and compel us to a level of energy which declares to the world, “I am alive. I want to contribute.”

Of life’s bindings: Helping young people to find their bindings of life; Of learning how to maneuver through the maze of complexities and challenges which daily living brings to the fore; Of having a special relationship with others; Of having a loyal dog beside you; Of work which is satisfying, and of which you are competent and successful; of health.

The last of these are often taken for granted; yet, it is always the first on one’s list of life’s bindings when it begins to fail.

For Federal employees and U.S. Postal workers whose health is beginning to fail, and where the failure of health impacts one’s ability and capacity to continue in the career of a Federal or Postal employee, the time to consider preparing an effective Federal Disability Retirement application for submission under FERS to the U.S. Office of Personnel Management is — now.

Don’t wait until the primary basis of all other of life’s bindings begins to fail — of one’s health — where the dominos begin to fall and knock down all other of life’s bindings.

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 Medical Retirement: Eager Wishes and Little Thoughts

We all have them both, don’t we?  Of eager wishes: We wish for wealth; we wish for fame; we wish for friendship; we wish for love.  Wishes project us; they compel us; they motivate, even though such wishful thinking may never become fulfilled.  And so they remain little thoughts — “little” in the sense that they remain mere thoughts, mere wishes, with little chance for fulfillment.

It is often the little thoughts which loom large, if only because they reflect the fundamental needs and desires of most everyone.  Perhaps it is those little thoughts combined with eagerness which results in unfulfilled dreams and hopes, when the imagination expands beyond the monotony of our lives and we become sustained by the little thoughts, prompted by those eager wishes.

Much of life is a negation; of not having, of never fulfilling, of rarely achieving; and yet, when it comes to children, we fill their heads with grand dreams of illusory abstentions.  We tell them, “You can be whatever you want to be” or “live out your dreams”.  No wonder that cynicism easily and readily dominates in early life; and so the eager wishes and little thoughts replace the fairytales we tell our children, if merely to sustain their lives within the containment of reality.

For Federal employees and U.S. Postal workers who suffer from a health condition such that the health condition necessitates preparing, formulating and filing an effective Federal Disability Retirement application under the Federal Employees’ Retirement System (FERS) through the U.S. Office of Personnel Management, it may well be that the eager wish is to cease the madness encircling you between the disabling medical condition and your inability to perform all of the basic elements of your job.

It may seem like a “little thought” to file for Federal Disability Retirement benefits under FERS, and your eagerness may be restricted by the daunting task of engaging a monster of a bureaucracy like the U.S. Office of Personnel Management.  But do not despair; such an eager wish upon a little thought may be attained through the assistance of a lawyer who specializes in Federal Disability Retirement Law.

Contact a disability attorney who exclusively does Federal Disability Retirement Law and begin to advance your eager wishes of the little thoughts which make for life’s sustenance.

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 Law: Difficult Times

We tend to think that ours represents the apex of such characterizations, but such a view would betray our ignorance of history.  Whether defined within the limits of our own personal circumstances, or by contrast to others within the same country; or, if one takes into account the world — other nations — “difficult” becomes relative, and can never be taken in a vacuum within the historicity of such a linear perspective.

Reading about the Great Depression, one immediately recognizes the fallacy of attributing these difficult times in descriptive adjectives which fail to accurately portray an appropriate contrast to modernity; of going hungry for days; of rampant homelessness; of rudimentary health care, and so much more.

Yet, comparing one’s present circumstances to prior historical models does nothing to diminish the crisis one experiences today — for, indeed, these are difficult times, and very little comfort can be achieved by hearing the words, “Yes, but others have had it worse”.

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 of more of the essential elements of one’s Federal or Postal job, recognizing one’s own “difficult times” is the first step towards initiating the necessary process of preparing, formulating and filing an effective Federal or Postal Disability Retirement claim through the U.S. Office of Personnel Management, under FERS.

Whether the Great Depression or other malevolent times were worse or not, matters little.  What matters is to move forward in life regardless of past historical circumstance, and to contact a FERS Attorney who specializes in Federal Disability Retirement Law so that these difficult times may see the light of a future which offers greater hope than the despair of modernity, or of past times, as well.

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 Law: The Comparative Perspective

It is a game which is played throughout history — of comparing one’s own situation to a projected, often inaccurate portrayal of “the other”, whether that other is the neighbor across the street, the stranger whom you see sitting in a cafe drinking coffee, or some celebrity who is obsessively followed for their seemingly outrageous lifestyle and unpredictable tantrums of demands and pubic displays of extravagance.

There are the traditional responses, of course, of: “The grass always appears greener on the other side of your fence”, or that you can never know of another’s life unless you walk in his/her shoes, etc.  But such pablum responses never stop the game that is played — of providing a comparative perspective by judging, on a superficial level, the more appealing life of someone else.

But what if that “someone else” was comparing his or her life to yours?  What is it that they would “not know” but would make a great difference “if only they knew”?  How about a medical condition which you have been masking for many years, which has taken a tremendous toll upon your life?

Indeed, that is often how Federal and Postal workers continue to work despite a medical condition slowly and incrementally destroying the health and well-being of a Federal or Postal worker’s life.  The comparative perspective is often the wrong one, precisely because the comparison itself is made on the most superficial of levels.

Contact a Federal Disability Attorney who specializes in OPM Disability Retirement if your health has deteriorated to such an extent that any comparative perspective would open up the eyes of the person making that comparison — with the realization that it is time to prepare, formulate and file an effective Federal Disability Retirement application under FERS, through 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: A Tough Life

Life is tough in general — and not much has changed since Thomas Hobbes’ descriptive penning of man’s life as “solitary, nasty, brutish and short”, from his magnum opus, Leviathan.  Of course, he was referring to the need for political change; and, in truth, much has changed, and improvements to the comforts which make up for life’s pleasurable moments, have advanced somewhat.

We no longer have to spend each day scrounging for the day’s meal, and most people have some leisure time to take vacations, go out to a restaurant, a movie, a play; or simply sit at home and read a good novel.  A greater part of our society has gone well beyond a life of subsistence living.  Yet, the view that life is tough, still prevails.  The daily stresses of subsistence living is now replaced with other stresses, and the one constant in everyone’s life is the challenge of a medical condition.

Medical conditions place everything else into proper perspective and context.  Without our health, the tough life becomes even tougher.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal worker to perform all of the essential elements of one’s Federal or Postal position, consider filing for Federal Disability Retirement benefits, and thereby lessen the toughness of life, where the tough life represents Hobbes’ description of the solitary, nasty, brutish and short version of a Dickensian description of life’s daily challenges.

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: Irrelevancies Magnified

Irrelevancies noted are often an indicator of a scheme for distraction; or, sometimes it is merely an incapability of the observer to miss the point.

Thus, for example, the fact that a person may have 20/20 vision but concurrently have blind spots encompassing over 50% of multiple quadrants of vision, doesn’t mean that a person can see adequately to read, drive, perform in one’s profession, etc.  From one perspective, the 20/20 vision is magnified upon those areas where the blind spots do not exist; from another perspective, it is the obstructive blind spots which are magnified — whereas, the irrelevancies of the 20/20 vision fail to be taken into account in the practical aspects of maneuvering in and about this world.

It is like seeing a naked man running down the street with a butcher knife — what is the relevant factor, the knife or his nakedness?

For Federal employees and U.S. Postal workers who are suffering 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, watch out that OPM doesn’t focus upon the irrelevancies magnified — for, that is precisely what they do in denying a Federal Disability Retirement claim.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and make sure and rebut — whether preemptively or in response to a Reconsideration — the irrelevancies magnified by OPM.

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.

 

Office of Personnel Management (OPM) Disability Retirement: Sufficiency

There is always a measure of subjectivity involved, of course.  Following the Council of Trent, the issues which prevailed as a response to the Protestant Reformation involved Church doctrine and clarifications needed concerning issues involving “sufficiency” of grace, whether the human will could engage in acts of the “Good” without it, and so many other interesting minutiae of proper wording which is now irrelevant in this postmodern era.

What is sufficient; what qualitative or quantitative determinations meet that criteria; is there an objective set of rules and regulations requiring sufficiency, and how is it determined to have been met?

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, “sufficiency” of information is a critical criteria to be met in every Federal Disability Retirement case.

There has been no “Council of Trent” to clarify what would meet the U.S. Office of Personnel Management’s criteria for what constitutes sufficiency of medical and other information; although, there have certainly been many “edicts” issued, both by OPM and the Federal Courts, as well as by the U.S. Merit Systems Protection Board (the “MSPB”).

What is sufficient; how is it determined; who decides on the issue; what can be done to meet the criteria — these are all questions which can differ from case-to-case because of the inherent uniqueness of each case.

Contact an OPM Lawyer who specializes in Federal Disability Retirement benefits and avoid the proclamations issued concerning heresies and violations of doctrinal clarifications, whether by the Council of Trent or by 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.