FERS Disability Retirement from OPM: Time to Heal

Depending upon where you place the verbal accent to accentuate one or the other of the 3 words strung together, the phrase can have different meanings.  There is a time to heal; it takes time in order to heal; over a stretch of time, healing may occur; as time passes, the trauma becomes less powerful, and healing takes time.

Time and distance allows for acceptance to occur.  The regularity of a person’s absence or that of a beloved pet, allows for habit to incorporate the missing “other”.  Death, as a finality of non-existence, is something which modernity attempts to avoid.

Yes, we read about it in the obituaries, and recognize that it happens every day, all around us; but in an antiseptic universe where we insulate ourselves from the objective world by getting lost in the virtual universe of Smart Phones, Computers, and the idolization of youth — we avoid the natural occurrence of mortality’s end.

Our encounter with Being, as Heidegger would put it, is the regular avoidance of choice by engaging in human projects in an effort to “forget” the teleological result of our state of being; and so we need time in order to heal from the recognition of the extinction of others, lest our own imaginations fail to save us.

Time was, because of famine and disease, a family of a dozen could see death of at least a few, but modern medicine has cured us of that calamity — until the pandemic reminder of recent vintage.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition reminds you daily of the need to heal, time is unfortunately not on your side.  The daily grind of your work doesn’t allow you to heal.  Healing needs time away and time in and of itself in order to allow for healing to occur.

Contact a Federal Lawyer who specializes in Federal Disability Retirement Law, and consider that Federal Disability Retirement benefits will allow you to focus upon your health, and allow Time to Heal.

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 Help: The Unraveling

It is similar, yet quite distinct, from the concept of “unwrapping”, or even of “finding”, “revealing”, of “unearthing”.  For, the other words describe an indication of voluntariness — of a third-party agent (or even of the first-person pronoun) engaging in an act of deliberative steps toward an appearance of something.

But that other term — the word which is today’s focus — has a frightening aspect of loss of control, inability to contain, a lack of freedom or choice, and even implying a frailty of crumbling, catastrophic consequences.  When there is a societal unraveling — or even a personal one — there is an underlying sense that the constraints, borders, fences and outer membranes which once restrained and held together the entity contemplated, are now disintegrating.

The term, “bursting at the seams” or “cracks in the foundation” and similar metaphors, are all appropriate when using the term, “unraveling”.

Sometimes, it seems that society as a whole is unraveling.  But societies don’t unravel unless there is an aggregation of personal unravelings, where the cumulative effects of many such individual unravelings result in the further metaphor of “the whole is greater than the sum of its parts” phenomenon, in a negative, reversing manner.

Unraveling, of course, is what sells newspapers and online stories; the trading of bad news is always scintillating for the prurient needs we all ascribe to; and the antidote to such a sense of unraveling is to take a walk through your own neighborhood, where it is likely that things still likely appear “normal” and “together”.

For Federal employees and U.S. Postal workers who are experiencing a personal sense of unraveling because of a chronic medical condition which impacts one’s ability and capacity to perform the essential elements of one’s Federal or Postal Service job, the solution may be to file for FERS Disability Retirement benefits through the U.S. Office of Personnel Management.

Preparing an effective Federal OPM Disability Retirement application under the Federal Employees Retirement System (FERS) is tantamount to taking that “walk” through one’s own neighborhood, to get away from the greater sense of unraveling.  For, whether society as a whole is unraveling, or you next door neighbor’s life appears to be boring and normal, you may want to contact a FERS attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal or Postal Disability Retirement Application.

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: The Grace of Good Health

It is true in both senses: of the grace of movement which good health allows for, and the grace bestowed in allowing for good health.  When that grace is withdrawn, we suddenly recognize how much we took it for granted.

We cannot, of course, live our days constantly thankful for that gift; for, if we constantly declare how “thankful” we are, we would waste our time by not doing what good health provides: the capacity to live a productive life — aside from the fact that it is irritating to meet a person who is constantly saying things like, “Oh, I am so thankful!” Or “Isn’t it great to be alive!”

The point is to show one’s appreciation by living well, and to not abuse or misuse the grace which is bestowed.  It is fine to be thankful; it is irritating to keep thanking over and over again, and becomes an embarrassment after the third time.

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 grace of good health has been partially withdrawn.

It is not, fortunately, “total disability” which needs to be proven, but a lesser legal standard of being unable to perform one or more of the essential elements of your Federal or Postal job.  For that, you can be thankful, and can more easily meet the legal criteria for Federal Disability Retirement — but please, not to an irritating degree.

Sincerely,

Robert R. McGill, Lawyer
FERS Medical Disability Retirement Attorney

 

OPM Disability Retirement: Happiness Lasting

Can the precipice of elation last for long?  What of contentment — a seemingly “lower-level” joy that pervades and remains for the duration of a season?  Does evidence of its durability depend upon a smile frozen upon one’s face, or can it continue to establish its existence with gleaming eyes and a perpetual grin that seems never to go away?  Is glee in youth different from a winter’s discontent followed by a summer of joy, and does a period of happiness fostered by nostalgia the same as two young lovers who proclaim the currency of an unfettered passion for life?

Modernity celebrates the cult of youth, and it is thus assumed that happiness is the sole possession of those who look and declare youthfulness; but in the end, is it just wasted energy that dissipates because the young have no knowledge of how to handle such emotional turbulence?  What does it mean to “be happy”, and should it ever be considered as a worthwhile “goal” as opposed to a byproduct of a life well lived?

When a person feels elation, should the advice be: Temper it, for such a spectrum of heights will never last and you will find its opposite and negative effect at the end of it all — of dread and dismal desolation.  Or, should one just enjoy it while it exists, and deal with its opposite when it comes about?

Aristotle’s approach of finding the middle ground — of a moderation of temperament and approach to life — may allow for happiness lasting precisely because the height and depths of the spectrum of human emotions are never allowed to consume us.

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 idea that happiness lasting can no longer be attained is a pervasive feeling because of the medical condition itself and the effects upon one’s life and career.

Filing for Federal Disability Retirement benefits under FERS may not be the “solution” to attain happiness, but it can be a process where intermediate goals can be achieved — of what to do during the pendency of one’s medical condition; of how to change careers; of how to attain a sense of stability for the future while attending to one’s own health and well-being.

It is a means to an end, where happiness lasting can be seen in the short-term goal of securing one’s future by filing for, and obtaining, a FERS Disability Retirement annuity before the next set of challenges in life’s fulfillment of changing circumstances must be faced again.

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

 

Lawyer Representation for Federal Disability Claims: Rituals

All of us engage in them — whether of religious significance or arcane remnants of superstitious beliefs harkening for magic, witch’s potions and lost incantations we believe can still work (or perhaps a childhood belief from watching Star Wars that there is really a “force” beyond the cold reality of day-to-day monotony) — we just don’t think of it in those terms.

How we wash our hands; what daily preparations we must engage before leaving the house; the manner of locking doors; the inner voices of prayers said before a meal; or of begging voices just before a sports event; these and many more rituals are the fodder that make for individual personalities otherwise uninteresting to the rest of world except to one’s family, spouse, brothers and sisters, and often not even to them.

Is it all bosh or superstition?  Can we — or should we — submit to the cold and impervious reality of logic, science and the algorithm of facts and mathematical calculations and discard the rituals of ancient cultures and dungeons where nuns bore babies and the fervently religious were tortured and murdered? Do we so callously abandon the humanity of our forefathers merely because the Age of Science is now upon us?

In the end, the rituals we embrace may give us comfort beyond the repetition of predictability; they may be engaged because they “work”.

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, it may be time to “change” some of the ritualistic thinking that we have become steeped in.

Change, alteration, modification, etc., is a difficult pathway to adopt.  One must, in the end, consider “why” we engage in a ritual — for, if it is because we have “always done it”, as opposed to retaining a meaningfulness and significance beyond the rote of repetitive monotony, then it may be time to reconsider and rearrange the proverbial furniture upon the deck of a sinking ship.

The Federal or Postal worker who has — through the pain of a medical condition — come to work and engaged in the daily ritual of performing the essential elements of a Federal or Postal job, may need to consider adopting a different ritual: one that focuses upon one’s health and rehabilitation of one’s condition.

Federal Disability Retirement is an employment benefit that allows for ritualistic thinking to be reconsidered, and for the Federal or Postal worker who can no longer perform all of the essential elements of one’s Federal or Postal job, anymore, because of an ongoing, chronic or traumatic medical condition, it may be time to abandon those outdated rituals and consider preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, and rearrange the priorities that have been ordered from a past that is no longer relevant.

Sincerely,

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.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: That big oak tree

It is the lasting image we hold onto.  On a warm, sunny day, in the carefree tapestry of a summer month, without cares or worries to haunt or ruminate by; perhaps the gentle sounds of a nearby stream and a cool breeze whispering softly the rustling leaves bright green in their early unravelling, still months away before the harsh August sun turns them into the crinkly brown of late Fall.

We dream of those times; perhaps, there never was a moment when life was without difficulties and lying beneath the shade of that big oak tree allowed for smiles of quiet content and soothing moments of careless thoughts.  But we imagine them; wish for them; embrace the idea of a time in antiquity when horse carriages were aplenty on the streets of dusty horizons, and people actually stopped on street corners and talked of things beyond the introductory inanities of, “How’s it going?” or “What’s up?”

Perhaps, beyond the weather, identifying actual names of family members, their plights and circumstances, and non-malevolent queries about Aunt Sarah and the illegitimate child she had borne in that corner house of shame where untold acts of forbidden pleasures continued to reverberate in the shadows of destitution.  No, there have always been trolls, boils and tragedies throughout time, and whether the youth in modernity espouse a greater utopia of equality and semblance, where Orwell’s prediction of totalitarianism in the destruction of forcing linguistic minimalism comes to fruition, it is the forgotten pimples which remain as the vestiges of lost reality, and the delightful dimples which we embrace to sustain sanity.

That is why that big oak tree — whether real or imagined — remains as the stalwart of memories lost and paradigms extinguished.

For Federal employees and U.S. Postal workers who yearn for a day, an hour, or just a minute of repose and reflection under that proverbial oak tree, but 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 the Federal or Postal job — it is important to hold on to the concept and hypothetical construct of that oak tree.

Preparing an effective Federal Disability Retirement application is a good first step; formulating a sound and solid basis to obtain an approval of a OPM Medical Retirement application is an important second step; and filing the completed Federal Disability Retirement application is a confirmation of following good advice and sound judgment, and the fruition of that necessary third step.  Then, waiting upon the U.S. Office of Personnel Management to make a positive decision — well, that is when you will need those sleepy days under that big oak tree, in order to allow for wandering thoughts and carefree summers to abide by in that long wait before OPM makes a decision.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement: Myths of our own making

What stories we carry within our own heads; the narrative of our own lives, as well as the intersecting conveyances brought by others; the web of linguistic larcenies borrowed, bought and sometimes sold, become who we are and the essence of our being within the world of our phenomenology of existence.  Sometimes, when a lie is told and the piece of puzzle will no longer fit into the greater collage of the manifold tapestry we carry about within our psyche, a rearrangement of sorts must occur.

Perhaps, we discovered, through correspondence and other confirming evidentiary apparatus otherwise irrefutable, that the uncle whose reputation as the moral compass of fidelity had fathered an illegitimate child (of course, such an anachronistic term no longer applies, as marriage no longer validates legitimacy or otherwise).  Perhaps, a meeting with this “family” of prior anonymity becomes a necessity, which then opens experiential doors to other discoveries and nuances of life’s misgivings.

The narrative of one’s life, the connections intertwined and the stories told, must like the piece of a jigsaw puzzle misplaced, be rearranged or otherwise left blank, like the echo of a plaintive voice in a soft hum heard through a mist of cackling geese.  Are secrets worth keeping, anymore?

In modernity, where technology allows for the melding of myth and maxim; where demarcations between the creation of self and the posting of what constitutes the presentation of that being identified as the person who declares to be such, is merely one button away from the virtual reality of a gemstone shining in the moonlit cavern of a secret cave where treasures hidden from pirates of yore flutter with the ghosts of dead seamen and spinning yarns of horrors untold; what we are in the essence of our being has been replaced by the talent to tell of who we are not.  And yet — truthfulness, veracity, validation of identity, and certitude of conduct; they all seem to remain as vestiges of a necessary universe.

The myths of our own making have always been so throughout the history of storytelling.  Today, it is merely more so because of the plenitude of everyone wanting to tell his or her tale, and of every detail most of us don’t want to know.

For Federal employees and U.S. Postal workers who suffer from medical conditions which prevent the Federal or Postal worker from performing one or more of the essential elements of one’s positional duties with the Federal agency or the U.S. Postal Service, a unique sense of duality must be conquered:  there is the need, on the one hand, to “tell all” in the form of SF 3112A, the Applicant’s Statement of Disability; and, yet, what must be revealed concerns the most “private” of one’s narrative — that of the medical condition and the impact of the medical condition upon one’s professional and private lives.

“Myths” are not merely of make-believe; they are the stories told in traditional societies in order to make a larger point.  Indeed, the myths of our own making may sometimes include the fears we hold onto, as well as the uninformed presumptions we grasp at in a bureaucratic process which is both complex and administratively difficult to maneuver through.  Sound advice from a legal expert in the area of Federal Disability Retirement law will help to dispel the myths unwarranted, as well as validate the maxims required.

In the end, the myths of our own making often reflect the haunting fears of experiences we encountered in those days when childhood memories cast their shadows upon the dungeons of our lives, and when trolls and gnomes suspected to reside in hidden crevices scratch at the doorways leading to the most private of our inner fears.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Medical Retirement: When the superior argument no longer prevails

The potentiality of applying “jury nullification” opened the door to defiance, in a society constructed upon recognition, application and enforcement of “the law”; but of course, one may argue that such wholesale rejection of a conceptual construct deemed immoral or otherwise unfairly prejudicial, is itself a moral judgment which is allowable.

Would anyone argue that a jury which refused to convict during a trial in a repressive and totalitarian regime — say, in North Korea today, or during the Stalinist era — constituted “jury nullification”?  Or, would one simply declare that “the people” rightly and collectively decided to “stand up” against injustice, and applied a higher standard of the law — one which transcends the state’s attempt to impose an otherwise self-declared code of injustice by means of fiat and force?  It all depends upon the perspective; for, when the state empowers a group of individuals to possess, grant and apply the power of judgment rendered in the form of a verdict, then that collectivism of declared consensus constitutes the rightness or folly of a moral code itself.

In the end, the term itself is likely inappropriate; for the concept of “jury nullification” necessarily implies something underhanded or nefarious, as if the “jury” acting to “nullify” the law is somehow suspect, when in fact it is a declaration of rights asserted by means of granted power to do so.  The jury, by definition, is a law unto itself, as recognized by the state, and is therefore wholly independent and cannot be castigated for undertaking the very duty for which it was appointed to perform.

Now, as to whether or not it was receptive to, and embraced a lesser argument, as opposed to a superior one, is a fundamentally different question.  Were emotions swayed?  Did the eloquence of the opposing side overwhelm?  Did rationality and force of evidence persuade, or did the defendant’s mother back in the corner where spectators sat, weep silently and blow her nose into a soiled kerchief just enough to draw the attention of wandering eyes left pondering the fate of a devastated family? And does rationality always have to rule?  By what criteria do we demand that rationality always rule the emotive and appetitive?  Is it based upon the ancient code derived from Plato and Aristotle, of the various parts of the soul where the mind should govern the cosmos of the barbaric nature of our base selves?

But if circumstances and situations rule the day — such that in a “State of Nature” it is more advantageous for an individual to survive by pursuing instinct and animalistic aggressiveness, but in the more refined “Social Contract” basis the forms of civility and restrained interaction becomes the normative and accepted foundation, is not judgment of a fellow man a netherworld of intersecting universes, where the contradictory combining of war (a form thereof, as in a trial) and civility (of a jury deliberating in the quietude of a sequestered room) clash in culminating in a momentous fate of judgment?

The conclusion from modernity has already been rendered, of course; for, in the end, young people today care not for the force of rational argumentation, but rather, whether it “feels good”.  What reverberating consequences does such a force of change have upon society as a whole, and more specifically, for the Federal or Postal worker of today who must consider arguing to the U.S. Office of Personnel Management that the Federal Disability Retirement application should be approved?

Superior arguments, of course, should always be employed; and the Federal or Postal worker should never underestimate the power of legal persuasion, or the citing of relevant laws, statutes and applicable regulations.  But there is a distinction to be made, between demanding and dereliction of decision-making.  The former is to use a hammer; the latter is to posit a systematic methodology of courteously opening the door for recognizing the sunlight of “being right”.

For the Federal or Postal worker who wants to submit an effective Federal Disability Retirement application to the U.S. Office of Personnel Management, whether the Federal or Postal worker is under CSRS, CSRS Offset or the FERS retirement system, remember that the concept of “jury nullification” applies only when the right to decide is somehow deemed improper or unsanctioned; but when it comes to a bureaucracy which possesses the sole power to decide, it is an inapplicable construct, and must be approached in a manner more akin to the grieving mother whose murderous son suddenly appears with a suit and tie for the first time in his hideous life, and speaks eloquently of his undying love for family and the victim upon whom he perpetrated his crime, and when the wink-and-nod between son and weeping mother remains unnoticed but for the love forged in treachery, justice yet smiles even in verdicts which betray the greater society.

Sincerely,

Robert R. McGill, Esquire

 

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