Tag Archives: us dept of labor owcp permanent disability retirement

Federal Disability Retirement: The Socratic Method

It is a lost art; a contribution from the vestiges of Western Philosophy which was once the pinnacle of an admired approach.  It is a cousin of another from a quote attributed to that “first philosopher”: That an unexamined life is not worth living.  Together — of an internal examination coupled with an external analysis — they constitute the basic foundation of knowledge and the pursuit of truth.

High schools have abandoned the approach; colleges avoid it as being too time-consuming; and in the end, we have just become a polemical society drowning in our own indoctrination of thoughtless regurgitations of convenient soundbites.  For, the Socratic Method is that which the child first begins with: Why?

It is the question based upon curiosity, of a natural desire to seek the Truth.  It is, furthermore, a refusal to accept an answer of why and how we do things, of what we assert to know, “just because”, and instead, to keep pushing to the outer limits of knowledge until certainty and certitude are attained.

That is why, for Federal and Postal Office employees 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, a call to a competent attorney will result in being subjected to a form of the Socratic Method: Questions in order to ascertain whether or not you are eligible and entitled to Federal Disability Retirement benefits.

For, in the end, the truth of your Federal Disability Retirement case must be able to overcome the obstacles which the U.S. Office of Personnel Management will be placing in your pathway.

Contact a FERS Disability Retirement Attorney who specializes in Federal Disability Retirement Law, and begin the process of preparing, formulating and filing an effective Federal Disability Retirement application under FERS by engaging in the ancient methodology of the Socratic Method.

Sincerely,

Robert R. McGill,
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Medical Retirement: The Dissolution of the Monasteries

One is puzzled as to why it is being read, why it continues to fascinate; and why continue to plod through a work comprised of 500+ pages with hundreds of footnotes and meticulously annotated and “sourced” — of life in 16th Century England as the religious monasteries will be dissolved under the mandate of King Henry VIII.  Perhaps it is because, in reading all of the minutiae of life in the 1500s, one realizes that it was a different world, no less alien than a spaceship from Mars or from some other solar system.

We live in a world which is the culmination of absurdity — of school shootings being an accepted part of our psyche; of an ever-growing explosion of teen depression, anxiety and other psychiatric disorders where psychotropic medication regimens have become the norm; and where all of the traditional institutions we once trusted and depended upon have failed us: The schools; the churches; the government; the local community.

Other worlds, other times; reading about an era centuries ago reminds us that change is inevitable; that history is never static; that there are trade-offs in every dimension of life.  One is struck by the limitations imposed upon a person’s life — where options in making a living were essentially predetermined, both by station and status upon birth, or by the restrictions of one’s abilities; that religious orders offered a vibrant accommodation for intellectual engagement and a steady, if somewhat limited, standard of living.

But times were changing; the monastic dissolution was just around the corner; and as this stupendous work annotates well, nothing is ever static.

For Federal employees and U.S. Postal workers who are facing the dissolution of a career with the Federal Government or the U.S. Postal Service as a result of a chronic medical condition, consider the option of an OPM Medical Retirement.

For, like the dissolution of the Monasteries in 1540, when there was no other option but to accept the change, the Federal or Postal worker who must face the prospect of change because of a medical condition which is no less restrictive, at least an OPM Medical Retirement is an available option of last resort, when you are no longer able to perform one or more of the essential functions of your job.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law, and begin the process of bypassing the potential dissolution of you job by preparing, formulating and filing an effective Federal Disability Retirement application under the FERS system.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Federal Medical Retirement Law: The Dogmatist

It is easy to fall into being one; and, one need not be overtly (or overly) religious in order to be considered as such.  Ultimately, it is not the opinion held or the inability to see different perspectives or “angles” on a matter; rather, it is the attitude which defines the dogmatist — the arrogance; the refusal to consider other viewpoints; the intransigence of thought.

Now, that is not to say that being “dogmatic” is always a negative thing; for, there are instances in life where “sticking to one’s principles” is a good and necessary thing.  Sometimes, when the winds of change and the malleability of ethical or moral convictions seem to reactively alter as quickly as the weather, it is of some comfort to find a dogmatist in our midst.  But context and content combined, always matter; and it is the “when” as much as the “what” which determines whether being a dogmatist is justified.

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 duties, being a dogmatist may be a detriment.  Never think that your own case is a “slam dunk”; for, to be unequivocally adamant about the strength of your disability case is often because the one who suffers from a disabling medical condition cannot think otherwise — in other words, like a dogmatist would think.

Consider, instead, contacting a Federal Attorney who specializes in Federal Disability Retirement Law in order to get a more balanced view of your case, and leave your dogmatic views on more pressing moral or ethical issues which may necessitate the strength of your convictions in order to retain the antiquity of intransigent thoughts.

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.

 

Medical Retirement Benefits for US Government Employees: A Slice of Paradise

Hank Worden played Moses Harper as the irritating sidekick alongside John Wayne in The Searchers.  At the end, he merely wanted a rocking chair to sit in, and rock the days and dusks away in view of the landscape’s beauty which told the story of the human narrative: of struggle, life and death; of wars and massacres; of the history of human inhumanity.

Perhaps that was his idea of a slice of paradise.  Everyone possesses a concept of it; for some, it is simple and fundamental; for others, complex and encapsulating endless greed.  Maybe it is just a place of your own on a mountaintop; a house in a quiet neighborhood; a family, or not; or a multi-million dollar mansion with wide and endless swaths of acreage.

Whatever constitutes one’s idea of a slice of paradise, that is what we live for.  For some, also, it is the negation of something.  We take for granted our health, and when we lose it, our idea of a slice of paradise is altered profoundly: For those in chronic pain, it is the negation or lessening of that pain; for those with anxieties and panic attacks and depression, just to get through the day without a breakdown.

For Federal employees and Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing all of the essential elements of one’s Federal or Postal job, filing an effective Federal Disability Retirement application under FERS may come closest to a realistic conception of a slice of paradise: For an opportunity to have some respite from the daily stresses of the workplace and attend to the priorities which envelope one’s daily life — the medical condition itself, which reveals that the fall of Adam and Eve, indeed, sliced paradise forever and a day.

Sincerely,

Robert R. McGill, Lawyer

 

Federal Employee Disability Retirement: The Prospective Case

Deciding to move forward on a Federal Disability Retirement case is not a decision which should be taken lightly.

The engagement of and interaction with a lawyer who will represent the Federal or Postal employee in a prospective Federal Disability Retirement case must take into consideration multiple factors on both sides: The substance of the case; the strength of the case; the problems of the case (which are often many); the roadblocks which can defeat a case; the laws which will apply; the case-laws which will need to be cited and in what sequence and form; and many other issues which will arise.

Each case at the outset is obviously a prospective case — and it is the prospect of success or failure and the subsets therein of which should dominate the initial consultation between the potential client and the attorney contacted.  The “sense” of a case can be determined early on; the “foundation” of what is needed may be clarified at the outset; the “weaknesses” may be better defined; and the “chances” of success can be objectively viewed.

Most importantly, consultation with a Federal Disability Lawyer who specializes in FERS Disability Retirement can be assessed with a reasoned effort of definitional magnification in the clarification of issues to be determined.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Failures

When they come, we tend to overemphasize them.  When they become a rarity, we believe far too grandly in our own abilities.  It is always important to maintain a balanced perspective — what Aristotle would have termed the “middle way” or the Golden mean.  To avoid the extremes is a difficult path to follow.

Failures come into our lives within a context of a society which is intolerant of them.  We root for the winning team and barely recognize the fabulous plays of the defeated one; an individual can perform exceptionally well throughout, but if in the last minute, the final few moments, or in the very last second of that performance, the prize is overtaken by another — all of that effort is deemed a failure and for naught.

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, OPM Disability Retirement might have to be considered.

Perhaps you had a long and extended career or, maybe you have barely met the minimum time-in-service requirement of 18 months of Federal Service.  In either event, you have met the threshold for filing a FERS Disability Retirement application, and whether of a long and fruitful career or of a short impact within a specified timeframe, filing a Federal Disability Retirement application is not an indication of a failure to be distraught over, but merely a recognition that it is time to move on to the next phase of a future yet bright and hopeful.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS: First Steps

Why are first steps so significant?

When a toddler takes his or her first steps, we applaud, celebrate with loud amusement and put forth encouragement and “positive feedback” to the momentous episode which, days later, weeks hence and years post, we don’t even consider it to be of significance and yawn with boredom at something which previously had been touted as relevant.

First steps — what is the relevance?  Is it because, upon those initial and tentative ambulatory movements is set the foundation for future success?  For, if confidence begins with the initial and tentative first steps, is it any wonder that once the foundation is set with concretized stability, the remainder becomes a monotony of repetitious boredom?

First steps are always important in order to create the firm foundation for future and further steps, and that is why 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 consult with an attorney who specializes in Federal Disability Retirement Law.

First steps in preparing, formulating and filing an effective FERS Disability Retirement application is important in putting together a “whole package” that includes medical evidence, legal arguments that are pertinent and relevant, and a persuasive presentation to the U.S. Office of Personnel Management in order to enhance the chances of an approval at the First Stage of the complex, administrative process.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Expertise

What constitutes it, and who determines the status of when it is achieved?  We hear about people who are “experts” in this or that, referring to either experience, association or credentials, and based upon that, we accept their status of being an “expert” in the field.  Can that be undermined by personal experience?

Say a person has a Ph.D. in a given field, has worked in the capacity of that field for 30 years, and everyone in the field refers to him as the “resident expert” or “the best of the best” in the field; and yet, in a given situation calling for his or her expertise, he or she fails, is wrong, or otherwise falls short of having provided any competent input.  Does that undermine the expert’s status as an expert, or does one shrug one’s shoulders and say, “Well, you can’t be right all of the time”?  Say a “non-expert”, during the gathering of expertise and amassing of various opinions in making a critical decision, suddenly pipes up and says something contrary to what Dr. X – with-the-Ph.D-with-30-years-of-experience believes and has stated, but in the end he turns out to be right — does that make him or her the new resident expert?

There are, of course, the various logical fallacies — like the fallacy of “association by reputation” or of presumed certitude based upon past experiences (refer to David Hume, for example); but the ultimate question may come down to a simple grammatical one: is the concept used as a noun, an adjective or an adverb?  How does one “gain” expertise, or attain the status of an “expert”, and can it be by experience alone, a credential earned, or by reputation gained — or a combination of all three?

How did Bernie Madoff swindle so many people for so many years?  Was he considered an “expert” in financial matters, and what combination of the tripartite status-making byline (i.e., reputation, experience and credentialing) did he possess to persuade so many to be drawn to him?  Or, is it sometimes merely greed and a proclivity of vulnerability to a good storyteller enough to persuade one that a certain-X is an “expert”?

For Federal employees and U.S. Postal workers who have come to a point in their lives and careers where a medical condition has begun to impact one’s ability and capacity to perform one or more of the critical or “essential” elements of one’s Federal or Postal job, a certain level of expertise may be necessary before preparing 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.

Ultimately, it is not “expertise” or some prior reputation that is important, but the accuracy of information received and the truth of the knowledge relied upon — and for that, one should do due diligence in researching not merely the “credentials” of those who declare some “expertise” in the area of Federal Disability Retirement Law, and not even self-puffery of self-promoting success, but in addition, an instinct as to the truth of what is stated.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Future uncertainty

It is a peculiarly human endeavor to reflect upon and ruminate; to consider that which has not yet occurred, and to worry about it, turn it over, consider the options, become so ensconced in the details of that which is still yet to become, if at all, and to will anxiousness and even harm one’s health over it.

Does the dog that one has known for many years engage in such conceptual angst, and project one’s self towards a time yet to become?  Well, yes — there can be a similar sense of anticipation; of prefatory behavior in response to an approaching hour.  If, on every Sunday at noon a tremendous noise is heard, dogs and other animals can be ‘trained’ into becoming anxious for several hours before the event, and act accordingly.

Is that merely an inculcated imprint, or is there some lengthy thought process — reflection, rumination or anticipatory consternation — involved in the anxious behavior exhibited?  Is there a distinction to be made in the manner in which human beings behave towards future uncertainty, or is the difference merely one of degrees?  Does our capacity towards an insular universe, self-contained within thoughts and boundless tangential roads that lead to greater depths of despair and self-inflicted despondency differ from the trained responses as exhibited by other species?  Or, is our capacity simply of “more”, and the extent of our means merely one of exponential exhibitionism?

Future uncertainty — what is it?  Is it a learned response or a human peculiarity of untold evolutionary need?  How does one engage in it, and are there better coping mechanisms than others?  Does life’s experiences grant any reprieve, or are we all subjected to its devastating effects?  Do the wealthy experience it in the same manner, or does it merely take an extremely selfish personality — one that cares nothing for others and thus feels no sense of obligation in forestalling any belief in future doom that may befall family members — to avoid the angst of foreboding tides?

For Federal employees and U.S. Postal workers who have that sense of future uncertainty because of a medical condition that has begun to prevent the performance of one or more of the essential elements of one’s job, the obvious antidote to such feelings is to prepare, formulate and file 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.

Yes, the future may appear uncertain at this moment; yes, the sense of not knowing gives a recognition of anxiousness that seems never-ending; and no, filing a Federal Disability Retirement application is not the answer to all problems presented.  However, it is at least a start — to refocusing one’s attention to the priorities of life’s foundational precepts: of health and in securing some semblance of a future yet to be determined, but to be anticipated not with a foreboding sense of gloom, but of a tomorrow that may yet promise a day after.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation for OPM Disability Claims: The strange story of X

He was always reserved, and became even more so in the last few years.  Never one to first say hello, but always quick with a smile whenever anyone passed by his desk, those in the office kept away from him – not because he was unlikeable, or even because he himself initiated any enmity or scorn, but merely because that was the way things were.

He was a stranger among coworkers where working together brought individuals of different perspectives, outlooks, backgrounds and personalities together to form a union of common objectives. He was older than most of his fellow compatriots, but not too old to stand out as stodgy or unwelcomed. Most others simply knew him because he had been there for as long as they could remember, and some, of a time when he had not yet arrived.

The strange story of X is just that – it is not so strange, and he was just another individual whose anonymity was pronounced by the very likeness to everyone else’s story.  In this world where people work together for years and years, but where neighborliness stops at the clock that shows when office hours end and the compensation to be received will not exceed the ticking of a minute thereafter, lives are lived in close proximity, but never known.

In other universes, in different civilizations, in foreign communities and amalgamations where the human species congregate in tribes, townships and collectives of human detritus, the strange story of X is often not of that stranger described, but of the others who never took the time to invite that stranger into one’s home.  The story always continues, of course – of the sudden disappearance, of rumors abounding, then the dissipation of any notice, until time concealed and the question went away; until the strange story of X became focused upon the next person who everyone passed by as a nobody amongst a universe of somebodies thinking that the strange story of X was unique in some way.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition begins to impact the Federal or Postal employee’s ability or capacity to complete and fulfill all of the essential elements of the Federal or Postal position, the strange story of X is often a familiar one – except that, instead of the “person” himself, it is the medical condition that everyone, or most everyone, “knows about” but never acknowledges, and treats as if it doesn’t exist.

This is a funny and strange world, where the suffering of others is barely spoken about, and anonymity is preferred over empathy expressed.

Perhaps it is time to “move on”, and to do so, 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, is a necessary first step.  For, in the end, the strange story of X is in the very estrangement of human beings from the humanity we have left behind, and fighting for a Federal Disability Retirement benefit may be the best hope of leaving such strangeness behind, where neither the workplace nor the coworkers will query much beyond a day’s absence when the clock ticks five.

Sincerely,

Robert R. McGill, Esquire