Tag Archives: types of questions to ask about medical retirement for fers for free first time initial consultation

FERS Disability Retirement: This Post-Factual World

If facts don’t matter, then how is it that every side of every issue declares it to be the case that the “facts favor my side”?  The moment we allowed for the validity of the argument — that there are “alternative sets of facts” — the entire structure of rational discourse crumbled.

However you want to call the foundational basis of the Western Philosophical traditions — of the Socratic Method; Rational Discourse; The Adversarial System: The Dialectical Method of Argumentation, etc. — it was always based upon a number of propositional assumptions, including:  A.  There is ultimately only one “Truth” with a capital T;  B. that, even if there might be some subsets of smaller “truths”, they all become subservient to the greater recognition of “The Truth”, and  C. Once all contestants recognize this, no matter how arrogantly we want to resist, we must concede the existence of the greater Truth over the lesser ones.

Schopenhauer was reported to have stated that there are no real lies, but rather, only “crippled truths”, but one wonders.  Russell, of course, countered with his mischievous statement, and with one stroke dismantled the age-old Correspondence theory of Truth with that nonsensical proposition:  “The present King of France is bald”.  As there is no kind of France, he cannot be bald, and yet we all understand the rationality of such a statement, don’t we?

Yet, never let this Post-Factual World fool you into believing that in all areas of life, in every arena of discourse, in fullness of words — that facts simply “don’t matter”.

For example, for Federal employees and U.S. Postal workers who suffer from a chronic medical condition such that the medical condition impacts the Federal or Postal employee’s daily attempt to make a living — i.e., continue to work in his or her career of choice with the Federal or Postal system — don’t ever think that “facts don’t matter”, because they matter very, very much.

Contact a lawyer who specializes in preparing, formulating and filing an effective Federal Disability Retirement application to the U.S. Office of Personnel Management under FERS, and don’t let this Post-Factual World deter you from the importance of arguing your unique set of facts to 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.

 

Federal Employees Retirement System (FERS) Disability Law: Societal Perfection

Anselm’s Ontological argument for the existence of God is dependent upon a crucial conceptual construct which, if and only if accepted, works.

It is the concept of “perfection”.  For, if existence — or, “to be” — constitutes the satisfying minor premise of the definition contained in the major premise, “That than which nothing greater can be conceived of”, then the question is: Do we necessarily have to agree with the societal construct of what “greater” means or, similarly of what “perfection” must entail?

Most ontological arguments must include some acceptance of what “perfection” entails — of the query involving, “How can an imperfect being possess a concept of perfection unless that perfection exists?”

But when it comes down to the details of what we mean by the term “perfection”, we find ourselves in squabbles of circular argumentation.  Societal constructs of perfection — or, of even lesser norms, like what is a “good” citizen, a dedicated worker, a loyal individual, etc. — often gets us into trouble, especially when such a definition becomes the basis for a self-harming viewpoint.

For Federal employees and U.S. Postal workers who suffer from a medical condition, continuing to work despite harming your own health is often insisted upon because of our distorted view of societal perfection.  We hold onto the societal construct of what it must mean to be a dedicated and loyal employee — i.e., the societal definition of perfection — until we die of exhaustion in trying.

FERS Disability Retirement through the U.S. Office of Personnel Management is a counter to that — it is a recognition that you should not have to work in a job which is harming your health.

If you are no longer able to perform all of the essential elements of your position with the Federal Agency or the Postal Service, contact a disability lawyer who specializes in Federal Disability Retirement benefits and begin the process of defying the false construct of societal perfection.

Sincerely,

Robert R. McGill
Lawyer specializing exclusively in FERS Disability Retirement Law

 

OPM Disability Retirement benefits: Misjudging Yourself

It is not an accident that most people are unable to accurately assess or evaluate themselves, their circumstances or the road forward.  Look at Plato and his magnum opus — The Republic.  Therein lies the hoax of unfettered hubris — of the declaration of who should be the ruler and king?  None other than the Philosopher — or, more humbly put, Plato himself.

Are we the best judge of ourselves?  All of us have a tendency towards seeing ourselves in greater or lesser degrees which fails to reflect reality.  To compound the problem, we also rarely appreciate criticism or outside evaluations which do not comport with our own self-assessment.  Yet, in most serious circumstances, that is precisely what is needed — an objective accounting of a given situation; the alternatives available or potentially open; the solutions possible; the road forward.

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 need to file for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management is a given; but the assessment in the strength of a case, what is needed to bolster the chances of winning against OPM and the requirements to meet the legal criteria — those issues should be handled by a competent disability attorney who specializes in Federal Disability Retirement Law.

For, as the patient as well as the Disability Retirement Applicant, you will likely misjudge yourself because you believe that your medical condition — by which you suffer so much — should automatically qualify you.  However, that is not how OPM sees it.

Contact an attorney who specializes in Federal Disability Retirement Law and avoid the pitfall of misjudging yourself, and allow the Federal Disability Retirement Lawyer make the crucial assessment and evaluation of your case.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Federal Employees Retirement System (FERS) Disability Law: Loss of a Cosseted Life

What does it mean to “take things for granted”?

Often, it is only when something is taken away that the value of the vanished item of vacuity vainly verifies the validity of its valuation.  Sorry for the alliterative illustration.  Similarly, the cosseted life is one where over-indulgence of protected care may have existed, and the sudden or gradual disappearance of that sense of security leaves one vulnerable and potentially open to harm.

Health, itself, offers the cosseted life; and loss of it, an overwhelming sense of vulnerability.

In youth, when health is so often taken for granted, we are apt to embrace challenging and silly endeavors.  We might jump out of planes, for instance; or engage in other acts of mindless stupidity.  We expect failing health in the metaphorically twilight days of our lives, but when it occurs in the middle years, it often catches us off guard, and the loss of a cosseted life is felt all the more fervently.

For Federal employees and U.S. Postal Workers who suffer from a medical conditions 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 sequence of dealing with the loss of that cosseted life often follows a familiar pattern — First, attend to the medical condition; Next, try and accept the available treatments such that a return to a level of functionality may be attained where your Federal or Postal career can continue.

Then, if the medical condition reaches a level of chronicity such that it becomes clear that you will not be able to perform all of the essential elements of your Federal or Postal job, contact a FERS Lawyer who specializes in OPM Medical Retirement Law.  For, in the end, the loss of a cosseted life should never be the end of something, but rather the beginning of a different phase, a varying period, an alternate condition, and a future still available for adaptive living.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Disability Retirement: Perfecting life versus living perfectly

It is the latter which most of us do, or pretend to do, and which stunts the capacity to engage in the former.  And so that which we should be doing (the former) is prevented because of that which we are already doing (the latter), in a never-ending cycle of self-destruction.

Those Internet internecine attempts which include Facebook and Instagram don’t help in these matters, and perhaps exacerbate them exponentially.  For, in both cases, they encourage each one of us to “appear” to be living perfectly, when the whole endeavor of human existence should be a striving towards perfecting our lives — i.e., of recognizing the imperfect status of our current condition, having a paradigm towards which one strives in order to correct those defects, and thus towards the “end” of this prosaically-described “journey” of sorts, to be able to declare that “perfection” was somewhat achieved.

But — no — instead, we create an appearance, a facade, a dissembling image of one’s appearance and put forth a self-portrait of an already-achieved perfection: The perfect happiness; the perfect outing; the perfect couple and the perfect participle.

The origins of philosophy (i.e., Plato, Aristotle and those who followed) were always concerned with the differentiation between “Appearance” and “Reality”; in modernity, the two have been conflated, where one’s appearance is the reality of one’s existence.  By commingling concepts which were once clearly bifurcated, we prevent the capacity of human beings to strive to be better, to grow and mature towards greater fulfillment of one’s potentiality.

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 a familiar concept — of hiding one’s imperfections in an environment that demands perfection daily.  Medical conditions and their impact on a person’s life — these are considered “imperfections” in a society that demands nothing less than perfection.  Thus does the targeted harassment begin — to “punish” the very person who needs support, empathy and understanding, instead of the constant barrage of unneeded animosity.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management may not, in and of itself, be the perfect solution; but, as imperfect a solution as filing a Federal Disability Retirement application may seem, the appearance of an imperfect solution may be preferable than the perfection expected but unattainable in a society that appears to be perfectly fine with imperfections pervasively perfected by appearances of concealed imperfections.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The prerequisite of thought

What constitutes “thought” and fails to satisfy the allegation that one has not engaged in it?

Take the following example: A young man who is courting a young woman buys a bouquet of flowers on his way home, but stops by at her place just to say hello.  She — seeing the flowers — declares, “Oh, how thoughtful of you.”  He sheepishly smiles and nods his head, but in reality the flowers were to spruce up his own apartment.  He explains this to the young woman, and she turns a smile into its opposite — a frown — and reverses her opinion, telling the cad how “thoughtless” he is being.

In reality, he had done no such thing — he had, in fact, “thought” about it, only not in the sequence that the young woman had desired.  Yet, he is charged with being “thoughtless” — and one could argue that such a charge is applicable in that he should have “thought about it” before stopping by her place, and instead should have gone ahead and followed a route straight home.

Or, of another example: Say you are debating a point with another individual, or a group of individuals, and someone during the course of your monologue says, “It is clear that you haven’t thought about it.” What, precisely, does that allegation mean and imply?  Would it have made any difference if you had previously taken yourself into a corner, sat for an hour or two reflectively posed like the famous statue by Rodin’s “The Thinker”, chin upon knuckle in a reflective pose of self-absorption — then come back to engage in the discussion?

What if your contribution to the conversation included as great an expanse of idiocy as if you had not “thought about it” — but the mere fact that you had sat for a couple of hours, or perhaps a weeklong sojourn of contemplative solitude — does it make a difference?  Isn’t “thinking about it” often done in the course of give-and-take, during the conversation engaged, as opposed to being lost in one’s own mind?

Further, isn’t singularity and isolation of “thinking” often the wrong approach, inasmuch as you may be missing something, have inadequate information, illogical in the process because of selfish interests unrecognizable, and therefore the best kind of thinking often involves debate, countering opinions and other’s input, as opposed to the isolationism of “The Thinker”?

Would it make sense to ask a dozen or so physicists to “solve the mystery of the universe” by gathering them together, then making each sit in a corner and “think about it”, as opposed to engaging them in a “give-and-take” brainstorming session?  Isn’t much of thinking “done” by engagement with others, as opposed to a soliloquy of isolationism?  If so, then why is there too often a prerequisite of thought?

For Federal employees and U.S. Postal workers who have “thought” about 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, the first and most important step in making the “right” decision may not be by engaging in an isolationism of “thinking about it”, but by consulting with an attorney who specializes in Federal Disability Retirement law.

There is no prerequisite of thought in picking up the telephone and having an initial, free consultation with an attorney to discuss the particulars of your case, and engaging in the thoughtful exercise of considering OPM Disability Retirement by actively participating in the productive modality of thinking.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Fear and trepidation

The first may lead to the second; the second, exacerbating the first, may establish a vicious cycle where fear is feeding the trepidation and the trepidation continues to exponentially increase the fear because non-action only expands the tension that grows without containment or restriction.  It is, indeed, a conundrum of paralysis; and the will to change, alter or modify necessitates action, but action cannot come before fear is vanquished and trepidation is overcome.

This is a dysfunctional society.  There is a lack of stability, and perhaps the instability is as a result of the greater freedoms and liberties enjoyed.  But where a culture and society are founded upon unfettered liberty, there must be some internal mechanism that contains the extent of choices offered and the pathways opened.

Once upon a time, ice cream flavors numbered within the fingers of a hand, or perhaps both hands; but once the Pandora’s box of alternatives was unleashed, the paralysis that follows betrays the fragile nature of a human psyche.  Fear and trepidation go hand-in-hand precisely because it is an insular, self-contained cycle of self-immolation feeding each upon the other.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of his or her job, it is understandable that fear and trepidation continue to paralyze any movement away from a career that has been invested with such high costs.  The choices here, however, are limited. You can stay put; walk away and abandon; or file for Federal Disability Retirement benefits.  It is the last option which is normally the most viable, the most vibrant and the one to pursue because it protects and preserves the future security of one’s livelihood.

Do not let fear and trepidation paralyze and overwhelm; a consultation with an experienced attorney who specializes in Federal Disability Retirement law is often the first best step in moving forward.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement for Federal Employees: Potentiality extinguished

Aristotle addresses the concept well; of the inherent nature of being not defined merely by the state of current existence, but encompassing the finite potentiality of what it is yet to be, as well as being based upon the historical lineage of origination.  Only within the context of that truism can children be treated as more than mere commodities of sweatshop workers, as in the days of Dickens and the Industrial Age empowered by the need for cheap labor; and on the other side of the spectrum, the old and infirm whose contribution to society has reached its apex of productivity, and is slowly receding into the sunset of former days filled with youth and vigor.

Without the argument of potentiality progressing linearly towards actualization, we are left with Camus’ world of the absurd, the loss of any sense that the Phoenix would rise from the ashes of forgotten civilizations, and the eternal loss of beauty reflected in a fluttering butterfly caught in the quietude of restless twilight, with wings shorn and shredded by timeless envy when humanity disappeared, love was forever forgotten, and the laughter of children playing in the sand no longer brought a smile upon the grandmother sitting in a rocking chair of timeless hope.

Organizations tend to do that; modernity almost guarantees it; and the unstoppable march of bureaucracies and administrative agencies possess a subtle manner of extinguishing that innate potentiality with which we once glowed like an insatiable torch bright upon a conquered hill.

Federal employees and U.S. Postal workers who once viewed his or her career in “that way” — of a limitless expanse for doing good, in accomplishing important and relevant missions, and abiding by the complexity of the system but always with a hope that one can impart significant change from within — often become disillusioned and disengaged, once the bump of reality impedes upon the dreams of yesteryear.

And for Federal and Postal employees who suffer from a medical condition, such that the medical condition prevents the Federal employee and the U.S. Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties, the dent of stubbornness encountered begins to wear upon the soul of hope.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal employee or U.S. Postal worker is under FERS, CSRS or CSRS Offset, is often the only route available when the incremental insidiousness of resistance to change, adaptation and responsive loyalty is spoken of with silence and increasingly hostile and punitive actions; for, in the end, the Federal or Postal worker who is no longer wanted by the Federal Agency or the U.S. Postal Service, must recognize that the potential for the extinguishment of potentiality exists in reality, and it would be a real shame to allow for such potential extinguishment to become an actualization of fated potentiality.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Those bare moments of honesty

They come in flashes of rare instances; sometimes, in a more subtle manner, like encroachments by a nimble adversary; at others, tantamount to ugly boils erupting in the middle of one’s forehead while interviewing for a sought-after position.  We cloak ourselves in lies, more lies, and obfuscations wrapped in greater deceptions of self-doubt.

Sometimes, such concealment is necessary; for, perhaps it is an evolutionary tool in order to merely survive.  Those who have lost such capacity may have to face the harsh realities of day-to-day living, and simply go mad; others who cannot defer the decadence of self-realization may react by engaging in binges of bifurcated pigeonholing and compartmentalizing of walls constructed to deny access to intercontinental flights of fancy.

Heidegger would say of it that we are merely procrastinating the inevitable.  The reality of Being is too harsh; projects and made-up, artificial distractions allow us to avoid the revelation of the ugliness of the world, or at least delay its unconcealed rupture for the time being.

But medical conditions shatter that quietude of avoidance.  For, their reality and intentional rudeness in deliberate interference in our daily lives presents itself like the fat uncle who takes up the entire couch without asking; the ugly displacement of pleasurable moments cloaked in deceptive avoidance of self-awareness makes for an elephant which is whispered about but nobody notices.

Becoming lost in virtual reality; Facebook friends whom we never meet; Twitter followings which meander in meaningless platitudes; the very lack of substantive discourse in our lives belies our greater efforts to avoid and confound.

Does it matter that the team one roots for will have lost on Sunday, or that the Lottery Ticket was a wasted twenty-dollar bill flushed down the toilet?  Mere distractions become central in lives of desperation and quiet moments of weeping in the dark caverns of lost thoughts, sought-after childhoods and forgotten moments of honesty and carefree pictures frozen in time.  But it is the ugliness of troublesome truths which reveal themselves to haunt and nudge.

For Federal employees and U.S. Postal Service workers who must face that challenge, the reality of life occurs when the medical condition prevents the Federal employee or Postal worker from continuing to perform the essential elements of one’s positional duties in the Federal agency or the U.S. Postal Service.  At some point, serious decisions must be made.

The clash between avoidance and reality comes to a flashpoint of sorts, and procrastination of the delayed cloaking of harshness can no longer be discreetly catalogued.

The page is opened upon us, and we must ask:  Can I continue in this same way?  Is the Agency or the Postal Service considering termination?  Will I become a young retiree in a 90-year old body if I struggle to remain?  And those haunting images of 40-some-year-old former football players in wheelchairs and walking like senile old men — does that portend of images for my life in the not-too-distant future?

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 a viable alternative to allowing for those bare moments of honesty to become a self-fulfilling prophesy.

Indicators mean something, and when one’s body, mind or soul shout within the quietude of one’s nudging conscience, it is time to consider preparing, formulating and filing for OPM Disability Retirement benefits, lest those bare moments of honesty become lost in the forgotten crevices of secluded fears relegated to the growing trash heaps of avoided realities.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement: That Sudden Urgency

It happens all of the time in life; we leave things to fester, then suddenly the matter becomes important, then vital, creeps into a state of urgency, until it finally develops into a crisis.  The underlying impetus is based upon procrastination; the psychological explanation is deemed avoidance behavior, and the reality of experience merely recognizes it as the nature of human living.

We ask ourselves in wonderment, where did all of the intermediate phases dissipate to?  How did the incremental steps and half-steps in reaching this point of sudden urgency disappear unnoticed?  It is tantamount to children and puppies; that exuberance now gone, when yesterday they were seen with the innocence of youth and folly running through the field.  How does time suddenly evaporate and necessity emerge and develop into the here and now?  Is it mere hope of resolution, or laziness neglected upon a return of minimal investment?

Time was that once, in childhood years of visionary glories, we sought refuge in the calluses of existence where others took care and nurtured, and suddenly those “others” were no longer around, and growing up meant that responsibilities became our personal ownership, and we had to embrace those very things long neglected like faded photographs left discarded in the garden heaps of memories and fears, loathing and angst.

Medical conditions tend to be like that.  They are conditions of human existence which require attending to, and tending to like gardens left dying on vines of eternity; and suddenly it becomes clear that no one else really cares, but for self, family and the closest of friends.  For Federal employees and U.S. Postal workers who have suffered for many months, and perhaps years, because of a medical condition, such that the medical condition impacts the ability and capacity to perform all of the essential elements of one’s Federal or Postal job, there comes a day when the realization of reality suddenly comes upon us, and there is no more tomorrow, no room left for delay, and no time reserved for excuses.

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 a long and arduous process involving multiple levels and stages of a bureaucratic morass, and it is this long and hard road of an administrative nightmare which must be dealt with when the sudden urgency of recognition and realization hits home.  And as home is where the heart and hearth are, so finding that restorative space of grace and fulfillment requires planning, deliberation, and a will to win, especially when dealing with a Federal agency such as OPM which views all medical conditions and Federal Disability Retirement applications with analytical suspicion.

Finding that it is suddenly necessary to file for Federal Disability Retirement benefits did not become an urgent state of being overnight; but through many nights and days of toil, it crept upon us like that unseen monster laying wait under the bed in the childhood fears of yesteryear, where protective mothers and fearless fathers long ago left for destinations still unknown, leaving the wide-eyed child of former days to fend for him or herself in this world of cavernous carnivores and restless winds of change.

Sincerely,

Robert R. McGill, Esquire 
OPM Disability Retirement Attorney