OPM Disability Retirement under FERS: The Power-Mixer Approach

You’ve seen those ads for the Power-Mixer — those super lightning-speed mixers which can make a slurpee out of anything.  Arguments are often like that — of an admixture of law, woven with partial facts, sprinkled with authoritative declaratives, and voila!

One has a Denial from the U.S. Office of Personnel Management.  It looks powerful; it sounds ominous; it even quotes from your own medical records and reports (albeit, often out of context and without legal relevance).  It will even declare: “You have been denied by the Social Security Administration.”  One shivers, cowers and trembles with fright at the powerful Power-Mixer Approach.

Don’t buy it.  Don’t cower.  Don’t be intimidated.  Such an approach is meant to frighten, as all Power-Mixer approaches are formulated for that very purpose.

Instead, contact a Federal Disability Attorney who specializes in Federal Disability Retirement Law and begin to counter and rebut the Power-Mixer approach by getting fresh new ingredients for a systematic and more powerful legal argumentation of efficacy and legal relevance.

Sincerely,

Robert R. McGill, Lawyer

 

Medical Retirement for Federal Government Employees: Lying

It is a peculiarly human endeavor, not known to be prevalent — if in existence, at all — in other species of the animal kingdom.  Shakespeare references it often; criminal behavior is detected within the web of it; and in everyday life, half of the population in courtrooms across the world engage in it; or, is that fair?  Can it be that there are “differing perspectives” or “alternative truths” (the lexicon of modernity)?

For instance, when an eye witness to an event swears under penalty of perjury that “I saw X stab Y” when, in a closed-circuit video replay, it clearly shows that it was Y who stabbed X — is the “eye witness” lying?  Is being mistaken the same as lying?  Or is it good enough that the prefatory qualifier of “I saw” enough to justify the mistaken encapsulation of an event having occurred?

Does intention matter?  Does it make a difference if, prior to making the statement under oath, revenge was a factor in one’s motive?  What if the eye-witness said to her/himself prior to taking the stand, “I’ll get X back for being mean to me by testifying that he stabbed Y first before getting stabbed himself”?

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, it is often the case that — unfortunately — lying abounds when it comes to others in the agency filling out the Agency’s portion of a Federal Disability Retirement application.  Whether in stating that the Agency tried everything they could do in their power to “accommodate” a person — when the truth is, they did nothing and didn’t care to do anything — it is unfortunately a pervasive fact of life in the kingdom of man.

We are a species with a proclivity for lying, and the best we can do is to counter our own proclivities by trying to present the truth in as strong a light as possible.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Choices and Regrets

The two go hand-in-hand, although we may not necessarily see them as unalterable couplets forever ensconced and inseparable. Instead, we often make choices, then afterwards, express our regrets without having learned from the process of “choice-making”.

Choices available are often unanalyzed and nebulous; left to appear, remain inert and ignored; the “active” part of a “choice” is when we engage in the act of “choice-making” — of engaging our minds with an inactive but available “something” — a choice there, but lifeless until the activation of our choosing invigorates the inertia of indecision.

Regrets, on the other hand, are comprised by the dust of past choices made. Once settled, they remain in the hidden caverns of forgotten memories until, one day or hour, or moment of quietude when we have the time to reflect back, the unsettling of the dust collected is stirred and rises from the ashes, like the mythological Phoenix that appears with wings spread and ready for flight into our imagination and stabbing at the vulnerabilities of our inner soul.

We regret that which we have chosen; and like the past that haunts, such regrets are ever so painful when once we recall the choices available and the ones we made.

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 and position, the next steps taken — of choices being made in whether and how to file for Federal Disability Retirement benefits — are important in determining whether regrets will follow.

Consult with an attorney who specializes in Federal Disability Retirement Law, lest the choices to be made will result in regrets later recalled; for in the end, it is the choices that determine the future course of success, and not the regrets that harken back the past of lost opportunities.

Sincerely,

Robert R. McGill, Esquire

 

FERS Medical Retirement from the OPM: For better or for…

Do we consider what follows the ellipses when making such a vow?

In youth, when the days of summer are endless and the rainfalls are merely seen as sweetness in dancing folly, do we ever consider the meaning, the phrase, the serious connotation of the “worse”, or do we just focus upon the “better” as in, “This is good, tomorrow is better, and the day after will only get better than better”?

Perhaps it is a genetic advantage inherent for survival’s sake that youth never considers the dark side of the moon; for, to be young and innocent of thoughts forsaking a future yet to become is to move forward with bold forthrightness, and only the fittest would survive such folly of thoughtless advancement.

Would armies have defeated the odds if trepidation of thought were to dominate?  Would the genetic pool of the daring be muddled if not for the foolish stumbling into a future unknown?  What fool thinks about the “worse” when the “better” is right before your eyes?

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, the thought of “worse” never came to mind until the medical condition first appeared, then remained, then worsened, then became a chronic condition like an uninvited guest who overstays the welcome of niceties left unstated.

Filing for OPM Disability Retirement benefits takes into account both perspectives of the vow that was once stated but never thought of: It is because of the “worse” but it is for the “better”.

The “worse” is the ongoing medical condition that has deteriorated such that it necessitates filing for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management; and the “better” is that, once your Federal Disability Retirement application is approved, you can focus upon your health, the tomorrow of a future yet uncertain, and the commitment to another vow left unstated: To take care of yourself.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Time wasted

It all depends upon one’s perspective, doesn’t it?  For some, watching television is time wasted; for others, reading a novel, and even within that subset of opinions and viewpoints, it often depends upon “what” you are reading before the hammer of judgement is struck: If a beach-time novel, then it is a waste of time; if a classic, then you are utilizing your time wisely.

But what if you are, in fact, sitting on the beach enjoying the lazy lapping of waves, and merely want to get lost in the fantasy of a junk novel — isn’t relaxation a good use of one’s time?  When does “constructive” relaxation turn into time wasted — i.e., laziness?  Is it when the bare necessities of life are no longer attended to?

Of that proverbial brother in-law or other distant relation who is whispered about, who barely holds on to a job, is found spending more time at the corner pub than attending to one’s kids, or the one who constantly oversleeps, overstays his welcome or overstates his woes — is it just a guy who likes to relax, or is he a lazy bum?

Is there a mathematical formula in determining when time is well spent doing nothing, or is wasted?   Sort of like: Time multiplied by the extent of bare necessities required divided by the extent of need, minus particular circumstances that must be taken into account factored by 3.

Can a lifetime be wasted, and if so, what would be the criteria to be applied or imposed?  A wealthy person might contend: We have about 60 years or so to make our fortunes, and if a person has not done so within that timeframe, it is a lifetime wasted.  Some others might counter with: Amassing wealth is not the sole criteria of a worthwhile life; the fostering of human relationships, of making someone else more comfortable, or of even granting a dog some happiness, is what makes this life a worthy one.

Does a medical condition bring about a differing perspective?  For the wealthy person who makes enemies throughout and angers almost everyone with his or her single-minded focus while disregarding the feelings of all else, but who suddenly is hit with deteriorating health — does time take on a different meaning?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s job — is time being wasted by the struggle itself?  Does it appear that everything is an uphill struggle: of juggling doctor’s appointments, work, family obligations, etc.?

Preparing 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, may not be the best solution of all, but it may be the most prudent one, as time is not a friend to be wasted when it comes to one’s health and future security.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Psychiatric or Physical Incapacity: One among many

Does it tell us anything that we recognize that we are merely one among many?  Does such an awareness actually add anything to one’s conscious life, or is it just another one of those pithy egotistical “self-realization” statements that purports to sound profound but adds little, if anything, to any existential intuition beyond the words themselves?

Does a lone dog pampered by its owner have a similar awareness when it is taken for a walk, encounters other dogs or sees rabbits scurrying across the suburban landscape?  Does it pause and reflect: I am merely one among many?  Is language a prerequisite to conscious awareness of one’s place in the universe, or is the mere fact of existence enough to bring about an instinctive realization of the same relevance?

To be “one among many” certainly brings about a certain perspective, does it not — perhaps of one’s significance or irrelevance; that each has a burden or part to play, but is not necessarily responsible for the entirety of the problems encountered; and perhaps even of a sense of community or sharing-ness, that one is merely one cog in a complex multitude of wheels spinning about in a universe that is often impervious and uncaring?

Medical conditions, however, have a way of destroying even that perspective, in that it makes loners of us all.  When a medical condition hits, it leaves one with a profound sense of isolation, where one begins to think and believe that no one else in the universe experiences the pain, tumult, angst and loss of joy, and that the one suffering from the medical condition is all alone in the universe.  To that extent, the statement that one is “one among many” helps to remind one that, No, others too have gone through similar trials and circumstances, and such suffering is not unique in this world.

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, it is important to recognize that while each person’s condition is unique, it is also shared by many others.

Federal Disability Retirement itself is a recognition that the frailty of the human condition must sometimes allow for an end to a career, but that further, productivity in some other career or vocation is still possible.

Federal employees and Postal workers are one among many, and preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, is to share the burden of self-realization that while your medical condition may indeed be unique to you, you are not alone in the need to change direction and move on into another and more promising future where the one among many may be many more than you first thought.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation OPM Disability: Analogies and life

Life is lived by analogies.  It is how we understand, comprehend and make sense of a world in turmoil.  By identifying a resemblance between two or more particulars while perhaps remaining somewhat different in other aspects, we are able to relate things, understand them, comprehend the isolation of differentiation between X and Y and yet embrace those differences despite the lack of commonality in all other respects.

Without the tool and transporting impact of an analogy, most of the objective world would remain isolated, irrelevant and separated from the subjective coherence that we bring to the world.  Explanations and argumentation would often lack any comprehensible understanding; scientists would simply speak in technical languages that non-scientists (i.e., laymen like most of us) would fail to appreciate; and life would continually remain a series of isolated islands of conceptual conundrums that would be separated from civilization as a whole.

That is essentially why the administrative laws governing Federal Disability Retirement must by necessity be spoken of in analogic terms – precisely because, in order to make sense in the greater context of life, everything in particular can only be “explained” and “made sense of” through analogies that we can relate to.  Without relational contexts and reference points, life’s various complexities would remain in isolation from one another.

Thus, analogies, life and Federal Disability Retirement benefits all share a common perspective – that of human beings who suffer from a medical condition, such that the medical condition begins to prevent the Federal or Postal employee from performing one or more of the essential elements of the Federal or Postal positional duties, and that a particular “condition” or life shares with all other conditions of life the reference points that we can all understand: Law, Complexity, Human suffering, Pain, The fear of change, The need for change; Confusion; Trauma; Medical conditions, etc.

Analogies allow for understanding; life, left in isolation, is confusing as it is, and even after a lifetime of trying to understand and simplify, still remains a mystery.

And for the Federal or Postal employee who is at a point in one’s career where a medical condition impacts the ability to continue in that career, the reference point that needs to be kept in mind is that there are lawyers who specialize in getting Federal Disability Retirement benefits through the U.S. Office of Personnel Management, and we are here to help.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS & CSRS: DDD

It is what Moynihan said so many years ago, of constantly reinterpreting normative constructs such that the subtle, insidious reduction of acceptance allows for normalization of that which was rejected and repugnant just a few years before, a generation ago, or never at all.  Or, it may refer to a medical condition of the spine – of the condition identified as “degenerative disc disease”; but in either case, the acronym used as a convenient route for linguistic economy has some similarities involved.

For, in both cases, DDD allows for the slow and steady deterioration of a process – the former, of a cultural rot and standards once ensconced firmly in the very fabric of society; the latter, of a slow process of debilitating “eating away” that reveals a condition progressive over time, decaying by crumbling of bone, cartilage and repetitive overuse traversing time’s despondency due to labor’s unnatural pose.  Or, one can just make it up and ascribe it to a tripartite conceptual compound; for instance, “dual deficit denominations” or “dark, dim and dumb”, or other such consternations of linguistic accolades.

In any event, it is the original of the two that seems to share a common ground of meaning; for, in both, it is the essence of a slow process of change; one, cultural in nature, of an acceptance of lesser standards whether by willful determination or accidental submission; the other, the debilitating disease that – over time and resulting from old age – progressively worsens.  One could simplify the concepts by dismissing the first as “cognitive” and the other as “physical”.

In either case, for Federal employees and U.S. Postal workers who suffer from a medical conditions, such that the medical condition impacts the Federal or Postal worker’s ability and capacity to continue in the same position and compels one to consider filing for Federal Disability Retirement, both concepts can apply.

For, an expansive and liberal interpretation of Moynihan’s argument is similar to the Federal or Postal employee’s acceptance of the lower standard both in terms of his or her quality of life, as well as in seeing the adversarial nature of the Federal agency or the Postal facility as “normal” in the treatment of its employees.  And, as to the “other” definition of DDD – of the chronic neck or back pain – whether in a sedentary job or a very physical one, the high distractibility of pain that impacts upon one’s capacity and ability to safely focus, concentrate and attend to the job itself is often a qualification for Federal Disability Retirement benefits.

Thus, the acronym itself – whether for “defining deviancy down” or as “degenerative disc disease” – can fit the proverbial bill in considering the option of Federal Disability Retirement benefits, submitted through another acronym of sorts – OPM – otherwise known as the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Employees: Left to our own devices

This is a world where loneliness prevails.  Despite all of the “connectivity” that is bandied about, the fact is that the suffering of human relationships has been on the rise since the industrial revolution, and perhaps even before that.

The proverbial term itself has taken on a double meaning (for those who are comfortable with a more sophisticated linguistic and grammatical ascription, that would be a “double entendre”) – not only in the traditional sense of the phrase as encapsulating the abandonment to make our own way in the world, but in the sense of modern technological overload, of the very pragmatic sense that each of us are surrounded by the electronic contraptions we have embraced in pursuance of connection and social constructs that have resulted in a foreboding sense of growing isolation and angst at the loss of a human touch.

It is that loss of tactile warmth – of holding hands in a movie theater, picking up on the subtleties of facial expressions and looks; of being able to read the soul’s essence through intonations and the mystery of sense impressions.  We are all, in the end, left to our own devices, and more so in this universe of appearances and medium of messaging through words and abbreviations of words where illiteracy parallels the self-delusion of relationships created, maintained and transmitted by light’s illumination.

As Philosophy lost its pinnacle of wonder and incessant questioning when the pragmatic successes of science overshadowed queries perennially posited but never resolved, and as British Empiricism relegated all problems to mere linguistic wastelands where the tinkering of word-orders resolved long-held philosophical conundrums as mere confusion over grammatical misunderstandings and incomprehensible definitional mishaps (as only the British could so arrogantly decide for us how we should speak our language – although, oops!  — the greatest culprit was not English at all but that Vienna-born rabble-rouser, Wittgenstein); so we have now come full circle and find ourselves lost in a paradise of our own seclusion, like the image of the Cave in Plato’s Republic, where we see only shadows, only our own devices, and forever isolated within the illuminated tablets of devices made in foreign parts unknown.

That is the same sense that Federal employees and U.S. Postal workers feel when they are hit with a medical condition that cuts short one’s Federal or Postal career.  Isolation, being left to one’s own devices (in both senses of the phrase – of having no help from one’s own agency and presented with a number of puzzling and confusing forms to fill out), and like the boat up the proverbial river with no paddle, a reduced chance of success with the behemoth of all agencies, the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Fortunately, however, there are “repair-shops” and refund policies for devices which don’t quite work; and the first step is to consult with a disability retirement lawyer who specializes in doing FERS & CSRS law.  Left to our own devices, we are bound to come up short with inadequate answers; for, in the end, it is the devices which we use, in the proper and most effective way, that makes the difference in an otherwise mad, mad world.

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