Lawyer for Federal Disability Retirement claims: Fact and opinion

These days, the distinction between the two has been almost completely lost.  One must qualify such a statement with “almost”, only because there may still be minority bastions and pockets of hope still holding out that the madness prevailing will someday be overcome.

Somehow, the lines bifurcating the distinction that once were so obvious became obscured, until suddenly it was no longer a matter of just blurry lines, but the lines themselves had disappeared, and no one spoke as if there was a difference to be had.  Facts were confirmed and established “somethings” in either the objective world or of tradition-laden statements that we could all agree upon; opinions were various interpretations of those commonly-accepted facts, interspersed with the subjective content that often prefaced with, “It is my opinion that…”.

We have now discarded even the prefatory admonition, now, because it has become an unnecessary addendum; since there are no longer any facts, and everyone is privileged to hold an opinion, we go ahead and speak not facts because our opinion holds out just as well, thank you very much.

Where did it all begin?  Was it because Plato made too much about the difference between reality and appearance — so much so that he was forced to manufacture his conceptual fiction of ethereal “Forms” that itself became so problematic?  Or was it with Descartes, where certainty of one’s own existence became relegated to the subjective “I”, and so it was bound to become a muddle as more and more philosophers came to realize that, like Russell’s muse about language and the destruction of the traditional correspondence theory of truth, statements made could not so easily be identified as either fact or opinion.

It becomes much more problematic when statutory, reputation, education and logical methodology are altogether discarded and made irrelevant, and so we come back full circle in questioning ourselves, the categorizations we have imposed, and how to get beyond the conundrum of modernity’s own making.

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 job or Postal position, the question concerning “fact or opinion” is an important one, because the weaving of one into the other is queried in Standard Form 3112A, Applicant’s Statement of Disability.

How one’s answers are formulated and presented; whether they can be verified, established, “backed up with facts” as opposed to being left as mere subjective opinions — are all bundled up and contained within the questions asked, and how you will be answering them.

Fortunately, there is still remaining an approach and methodology of presenting facts as facts, and setting aside opinions and interpretations of the facts, and in 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, it is important to recognize the difference still, and be cautious in completing SF 3112A in light of modernity’s obsessional disorientation on the difference between fact and opinion.

Just the facts, as stated by my opinion.


Robert R. McGill, Esquire


OPM Disability Retirement: The buttons we believe accomplish

We believe, on faith alone, that pushing a button does the deed; and then we go on with life, and nothing really has changed but the belief in our own self-satisfaction.  It is that virtual world of computers, light switches, garage door openers and even the disc-like appendages to our shirts and sweaters that lead us to conclude that all such contraptions are of equal weight and value.

We see the cause-and-effect of the garage-door opener — of pushing a button and seeing the door slide open, then another push and it reverses course.  We push buttons on the computer keyboard, and with each tap the screen changes, or concludes with the deed completed; and of “buttons” on a shirt or sweater, we appreciate the invention that holds two sides of a separated apparel together to enclose our bodies with a warmth of a material embrace.

What does it mean to accomplish a deed with a mere pushing of a button?

We have been habituated into such thinking, and it is this disconnectedness that allows for society to continue to move “as if”.  It is only when we encounter the counter – belief that all of a sudden the world of buttons begins to sow some seeds of doubt — as when the boss comes and says, “Why haven’t you sent me X” and you respond, “I emailed it to you last week “ (it isn’t quite the same to say, “I pushed the button that accomplished the deed”).  “But I never got it” is the response which prompts you to go back and re-press the button, hoping somehow that doing so a second time will make a difference that the first time did not.

This time, however, just to be doubly sure, you go back and ask your boss whether he received it (not, again, “did my second button-pushing work?”), thus verifying the causal connection that had failed to occur previously.

What made the difference?

Somehow, in the ethereal universe of circuitry and magic we have no clues about, there exists a causal chain that “works” and “accomplishes” deeds — just like the garage-door opener that issues an immediate gratification of causation.  But that all of life would allow for such instantaneous confirmation — and of buttons we think accomplish.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition necessitates a consideration 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 buttons we need to push are many, varied, and long in waiting.

Whether they comprise of the metaphorical “buttons” to get people moving, or of emails that need to be sent, confirmations that require a response — what we do know, throughout, is that the reality of one’s medical condition has a discernible difference both of reality and of urgency when it comes upon the need for causation to occur.

The buttons we think accomplish remain somehow in that “other world” of magic and the unknown; the medical condition that remains is somehow the reality of the “now” that constitutes pain and suffering; and that is why preparing an effective Federal Disability Retirement, to be submitted to the U.S. Office of Personnel Management, is of greater importance than the buttons we believe accomplish.


Robert R. McGill, Esquire


Medical Retirement from the Office of Personnel Management: The soul’s net worth

What is one’s sole net worth?  In a written format, the distinction between the two concepts are quite obvious; but if in a verbal exchange, would we be able to catch that subtle distinction of nonexistent intonation?  For, the exchange of the vowel “u” in the middle of the word for an “e” attached to the tail alters the meaning of the query, does it not?

From an evaluation of one’s singular calculation – of taking the gross amounts of estimated value of possessions and purchases and subtracting outstanding debts, etc., and accounting for one’s sole net worth – not taking into consideration one’s spouse’s inheritance or assets predictably to be acquired – to a theological analysis of a particular person’s essence, is quite a modification in the very context of substantive investigations.

How do we determine the latter?  Can “assets” be exchanged for “good deeds” and “debts” for “sins committed”?  Or must we be restricted to such a theological paradigm based upon traditional perspectives of Western conventional values?

Instead, why not transform the soul’s acquired possessions for “those deeds which have advanced mankind’s happiness” and the debited side of the ledger calculated by the diminution of joys snatched and by the pounds of flesh extracted, the cups of tears compelled and the scars left for eternity’s judgment?  And, if there is to be a consequence to follow, a bifurcation between paradise and hell, a mansion with many rooms or a shanty for the mendicant, then the dervish that seeks may yet account for past deeds if the good intent revealed later in life may vanquish those miscreant motives once unfulfilled in the early days of youthful vigor.

Yet, can a soul’s net worth indeed be calculated in terms of a sole net value?  Can we use the identical mathematical method in determining such a vaunted essence of Man’s substantive Being?  If the answer is ‘no’, then why is it done each and every day, not only by others, but surely by you and I?

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 position, whether the Federal or Postal employee is under FERS, CSRS of CSRS Offset, does not the Federal Agency or the U.S. Postal Service calculate the soul’s net worth in that very manner as a determination of his or her sole net value?

That is, in essence, what a denial of a requested accommodation constitutes; it is what a judgment of termination can be deemed as, and it is precisely what is done when workplace harassment and increasing pressures to “get rid” of the Federal employee or U.S. Postal worker – all of these are means of determining the soul’s net worth by the vehicle of an accounting method tantamount to the sole net value of a person.

The sad thing is, like gods, angels and unicorns held in the fancy of a child’s palm, such a calculation is not only a sin, but a travesty reflecting the darkness of our times, and but for preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, the shooting of the unicorn would occur even more frequently while ignoring the pleading cries of a child’s trembling advocacy.


Robert R. McGill, Esquire


FERS & CSRS Disability Retirement: The implication of ‘finding happiness’

Human beings live in a duality of universes; within the linear historicity of an objective world, daily unfolding with encounters with physical objects and other beings, comprised of interactions both superficial and intimate, combined with utilization of inanimate constructs for daily living; then, there is the insular universe of a parallel phenomena, where we are subsumed by a conceptual menagerie of language, numbers, extrapolated forms of ideas and strings of thought processes; and how we coordinate and intersect the two determines the success or failure of who we are, how we thrive and to what teleological end we pursue.

The words which we use often define who we are, as well as what motivates and moves us into action or inertia of mindless behavior as science fiction describes the modernity of automatons.  In the animal, non-human kingdom, survival and the pursuit of food sources dominates to satiate the basic tendencies of the appetitive aspects of existence.  ‘Happiness‘, as a defined principle, equates to a full stomach at the most foundational of sources.

For humans, we tend to make complex of the simple, and turn an evolutionary basis into a conceptual conundrum.  Thus do we add the prefatory vacuity of ‘finding’ and attach it to the root of existence — ‘happiness‘.  Such a concept implies that there existed a time before when something was lost, never attained, or otherwise left unsatisfied.  As a result, a ‘search’ is undertaken, a lost civilization reenacted, a missing person found and a stray dog reunited with its owner.  But that life were so simple as to merely search for the confounding link to fulfillment, as if the effort merely consists in the remembrance of the location of the misplaced watch by tracing the steps previously taken but somehow forgotten during the slumber of exhaustive nights.

Is life too complex to behold?  Do the accoutrements of cultural rot pile upon us daily, such that the simple root of conceptual simplicity remains beyond the reach of most of us?

Happiness as a principle should always remain as a byproduct of the life one leads.

For Federal employees and U.S. Postal workers who suffer from a meandering pool of daily suffering, resulting from a medical condition which prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Postal or Federal positional duties, the issue of ‘happiness’ is often quite simple:  freedom from the medical condition and stability of purpose for the future.

The former may never be quite achieved, as it is determined by factors so complex as to encompass body, soul and emotional health; but as to the latter, 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 at least a step in the proverbial right direction.  For, in the end, the insularly devoid conceptual construct of ‘finding happiness’ must be determined by the angel’s residue of sprinkled gold dust, left to sparkle with infinite radiance as we venture forth into worlds unconquered and visions yet unseen.


Robert R. McGill, Esquire


Federal Disability Retirement: Affirmation, Affiliation and Affectation

But for the middle syllable (the extra “ta” in the word), it is what people strive for; and like the thief in the night who leaves behind earthen footprints of his twilight misdeeds, the insertion of that additional combination of a consonant and vowel turns the meaning of the word upon its head, and leaves us with an artificial prose devoid of poetry and warmth.

The middle term is a favorite of sociologists and other “soft” sciences where anthropological studies determined the course of serious studies or of mere pretentiousness of purpose; associations, initiation into phi beta whatever and epsilon in uppercase or lunate form, characterizes the human need to belong, despite our contrary assertions and protestations that man, machine and a wagging dog’s tail are enough in this world of virtual reality where communication is accomplished primarily through pushing a button via glowing faces of blank pages and fluorescent screens.

As for the first in the tripartite series of syllabic partnerships, it is that inner essence which the child in all of us seeks, but which Dickens, Salinger and Capote all cried out for lack thereof, and depleted their souls in the course of searching for that which was never lost, rarely to be found, and tenuously held by a mere thread of hope and longing.

It is funny how much time we waste upon past hurts.  Most such narratives deserve, at best, a single night at a bar, a few sobs, and perhaps the generosity of the proprietor giving the gift of a free beer; and then it is time to move on with life.  Some stories, of horrors unimaginable but for the telling in quiet whispers in bedrooms locked, but then those who survive such tales are often the very ones with impeccable and impenetrable fortitude, and they don’t need the free drink anyway, leaving aside the heaving sobs and a momentary sympathetic ear.

Narratives are important for people to carry about; like manuscripts hoping to be discovered, we cherish them in binders of protective combativeness.

For Federal employees and U.S. Postal workers who have managed to cull together multiple years of survivorship despite the thickets of affectations imparted by so many elements of narcissistic behaviors, it is in the end the true affiliations which come to the fore when a crisis erupts.

If the singular sob-story told at the corner pub was not enough to replace that lack of affirmation wanted and desired for as a child, and throughout your career you have striven to replace it by becoming lost in work, career and sheer busy-ness, then the sudden loss of that coalescence of unending activity can indeed have a traumatic impact.

If a medical condition interrupts that innocent search, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal positional duties, then it becomes necessary to consider 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.

But in doing so, just remember that, while the process of separating away from a career which engulfed so much of your time and energy may be an emotional turmoil of sorts, especially because of the wide affiliations garnered over those many years, it is the medical condition itself which must be first and foremost in contending with the crisis, and not the affectation of coworkers who suddenly show their true selves and gather like a pack of predators ready to pounce, no more than the affirmation you may have wanted from a bureaucracy which, in the end, cares not for your narrative, other than the effective one you must write for the U.S. Office of Personnel Management in order to win an approval for your Federal Disability Retirement application.

In the end, all stories are told and forgotten at the corner pub of our hearts, in the fading suds of a beer gone stale, only to be retold by the next patron of the establishment where the jukebox fades with a selection of a song yet to be sung.


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.


Robert R. McGill, Esquire