Tag Archives: usps disability retirement lawyer

FERS Disability Retirement from OPM: Expertise

How does one attain that level?  Is it purely based upon knowledge alone, or must some history of successful application be evident?  Can, for example, an individual be deemed an “expert” in psychiatry despite never having cured anyone of the condition?  Or be considered one in the field of “time travel” despite every lack of evidence revealing its practical viability?

This is a world of specialization.  At some point in recent history, the world became too complex for the generalist to survive.  No longer could a person be a “jack-of-all-trades,” but instead, specialization was aimed at each discipline and created a need for sub-calories within each field.  Post-graduate degrees were handed out in more significant numbers for studies no one had envisioned.

That the world has become more complex cannot be refuted; technology has become the engine of advancement, and few have the understanding to master its ever-expanding tentacles of daily operation.

The days of a father working under the hood of an automobile and teaching his child how to dismantle and reassemble the engine have disappeared (leaving aside even the simple task of changing the oil).  Intricate diagnostic tools must no be hooked up to each automobile because everything is now computerized, and reliance upon the automotive “expert” who is certified in a particular make or model is a “given,” and the neighborhood auto repair shop is an antiquated idea of the past.

In the end, who and what is considered an “expert” in any given field can only be determined by combined factors of knowledge, application, and especially a successful track record of past accomplishments.  For Federal employees and U.S. Postal workers who have filed for, or are preparing to file for, FERS Disability Retirement benefits through the U.S. Office of Personnel Management, consulting with an “expert” in the field of Federal/Postal Disability Retirement Law may be a necessity which cannot be avoided.

The complexities inherent in the bureaucratic process of beyond the mere submission of sufficient medical documentation, and OPM is more likely than not to deny your medical application at the very First Stage of the process and rebut OPM by pointing to the case laws supporting your particular set of facts and applicable legal criteria is an essential part of the disability process.

Contact an OPM Disability Attorney specializing in Federal Disability Retirement Law, and consider involving an expert in a field which has become unnecessarily complex because of the bureaucratic intransigence of 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.

 

FERS Medical Retirement from OPM: Objectivity

In the West, the traditional approach is to be far removed and dispassionate in attempting to attain that level of acceptable discernment.  If there is even a whiff of personal involvement, a suspicion of a self-serving motive, or some indication of emotional application, the revered status of objectivity comes into question.

For some unknown reason, the label “To be objective” must ignore and minimize all that is preternaturally human.  A Kantian would argue that objective knowledge is a goal inherently impossible to achieve, precisely because we possess only subjective capabilities and impose our worldview upon everything we analyze, evaluate and assess.

To that extent, it becomes a mere tautology, for if we are incapable of reaching beyond  ourselves, then there would be no point in even trying.  But try we do, and in the Western Philosophical tradition, we employ devices such as Logic, the Socratic method of endless self-examination, and a touch of mystical fairy dust sprinkled as “objective analysis”.

For Federal employees and U.S. Postal workers who submit a Federal Disability Retirement Application with the U.S. Office of Personnel Management under the FERS system, the argument for objectivity is often refuted by OPM based upon a “lack thereof”.  OPM will argue that the “pain” one experiences, or the emotional impact from psychiatric conditions, is “purely subjective” and is therefore invalid as a basis for approving a FERS Disability Retirement application.

This, too, is a circular, tautological argument, precisely because ‘pain’ by definition, is always subjective.  Yet, that is not what the applicable law concerning the established legal criteria of proving a FERS Disability Retirement case holds, and despite OPM knowing this, they will systematically ignore the applicable laws governing FERS Disability Retirements.

In order to rebut OPM’ s baseless charge that your Federal Disability Retirement case lacks objectivity, contact a FERS Disability Lawyer who specializes in the practice area of OPM Disability Retirement Law, and successfully refute the fallacy of objectivity or the lack thereof.

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 Retirements: Future Uncertainties

Human beings love certainties; but in this cold and objective, dispassionate world, such certainties can rarely be relied upon.

Hume’s causation argument undermined any attempt to establish repetition as a basis for future events, precisely because X occurring the thousandth time gives us no concrete evidence that the next time will result in any causal reliability.

Probability theory aside, as Hume argued, there is missing any “necessary connection” which would establish a predictable nexus to extrapolate future reliability based upon prior life events.  Without that necessary connection, causal certainty can never be ascertained.— or so his argument goes.

Yet, we continue to rely upon future certainties regardless of such “conceptual proofs” to the contrary, for, what other choice do we have?  We cannot wander throughout our lives  without reliance upon some semblance of causal expectation, otherwise, we would be like newborn infants every day with no sense of security or stability.

For Federal employees and U.S. Postal Service workers under FERS who suffer from an illness or injury which impacts their future certainty in their Federal or postal career, a large stumbling block is the uncertainty of being approved for a future medical retirement application.

Although there can never be a causal guarantee when it involves the U.S. Office of Personnel Management, you can increase the probability of a successful outcome if you are adequately represented by an experienced attorney.

Citing the proper and relevant case laws and formulating the most effective legal arguments will increase the probability for future success.  To that end, applying to OPM does not need to seem like reinventing the proverbial wheel every time, or like being that lost child wandering in the woods without any sense of security.

Contact a FERS Lawyer experienced in Federal Disability Law, and increase your chance for a more certain future, despite what Hume says.

Sincerely,

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

 

OPM Disability Retirement under FERS: The Trials of Life

This is a difficult period in everyone’s life.  We can try and put a brave front, attempt to have a “positive outlook”, and walk around with a frozen smile on our faces, but the plain fact is that life is tough.

These days, the trials which we face often appear to be insurmountable.  Inflation eats away at the stagnant pay; the bureaucratic state seems to pass legislation after legislation which does nothing for the middle class; the amount of waste and fraud in the federal expenditures leaves one wondering — why do we pay so much in taxes when everything seems to be given away in mindless and useless political paybacks?

Did we really have to give those billions for corporations to start building computer chip factories?  How many billions were stolen for pandemic-relief monies?  At last count, was it (conservatively estimating) some 40 – 60 Billion?  What percentage of kids are now on some form of anti-depressants?  How many kids are now unable to read, write, or to pass basic educational tests?  How many suicides are there, now, every day, every month, every year?

And meanwhile, we see the value of our paychecks diminishing because of the inflationary cauldron we fail to understand.

The trials of life, indeed, are heavy in modernity, but one aspect which still provides a ray of hope for people concerns Federal Disability Retirement Law under the FERS disability system.  At least, there, the Federal Government has continued to recognize the value of providing for Federal Disability Retirement benefits for those who cannot continue to work in the career of your choice.

Contact a FERS Medical Attorney who specializes in Federal Disability Retirement Law, and recognize that — even in the midst of the trials of life — there is still a benefit which can help a FERS employee who can no longer perform one or more of the essential elements of your Federal job.

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 Law: The Gist of Life

The gist of life is similar to the grist of life: They both stem from the same question — what is the “essence” of X?

So, when a person comes in late to a conference, he or she asks the natural question, “So, give me the gist of what has been discussed before I arrived.”  Meaning, thereby, that a short synopsis of the “essence” of what has been discussed — i.e., the meat, the substance, the main points, etc., of the meeting.

Often, when watching a movie, reading a novel, coming into the middle of a conversation, and many other forms and formats, besides, a person can quickly get the gist of what is being discussed, what the movie is about, how the novel is progressing, etc.  Most people have a need and desire to comprehend the gist of what has been encountered.  While peripheral details are often important, unless one has understood the gist of whatever is being viewed, there is a sense of unease which develops.

That’s why husbands turn to their wives in exasperation with the pointed question, “But what is the point of it?”  For children, however, it is often the peripheral things which are most important — not whether the story has any central meaning, but the funny way in which Dad reads it; not in whether you come out clean from a bathtub, but whether there are enough soapsuds with colorful reflections; and not whether you have perfectly picked up after yourself, but to be praised for how you tried your best, etc.

We often forget that.  For, the gist of life when we grow older has more to do with how we conducted ourselves, and less with how successfully others view us.  Then, when a medical condition hits us, we realize truly what the gist of life is all about — not how many hours we worked, but which meals we missed with our kids.

For Federal employees and U.S. Postal workers who suffer from a medical condition and where the medical condition impacts the careers of the Federal or Postal worker, contemplation of initiating an effective Federal Disability Retirement application under the FERS system becomes the gist of what needs to be done.  The gist of life, suddenly, is that which was always taken for granted and never thought about — one’s health.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and consider the gist of life — of one’s health, to begin with.

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: Abandonment of Methodology

Modernity denounces methodology.  Suspicions abound when it comes to traditional invocations of previously-tried methods.  The young denounce method; “on the fly” is considered the nouveau appetite in “basement-beginning” internet start-ups; of young geniuses who can do no wrong.  Systematized business models; the way things have always been; the need to know one’s place and to wait for one’s turn; these, and many more, are considered  the antiquated detritus of past misgivings.

While no one needs to invent the wheel each time, the trend has been to celebrate creativity and innovation, and in the process, to abandon tradition, old ways, and thus old people.  This is a culture of youth, and so the plastic surgery industry and cosmetic do-over trends have exploded into successful business ventures.  Even “rational thought” is being abandoned — of the outmoded logical structures in proper argumentation, the Aristotelian model of symbolic logic:  Out the Metaphorical Window!

Yet, in some corners of rational discourse, methodology must remain essential.  For, the “law” depends upon methodology; of a logical, linear manner of argumentation.

For Federal employees and U.S. Postal workers who suffer from a medical condition where initiation of the Federal Disability Retirement process must be engaged, do not think that merely gathering up one’s medical records and submitting them with the SF 3107 and SF 3112 series of forms will get you by the eagle-eyes of the U.S. Office of Personnel Management.

Yes, the rest of culture may have accepted the abandonment of methodology, but in the Federal bureaucracya sound legal approach steeped in methodological minutiae is still the successful articulation needed to win a Federal Disability Retirement case under the FERS retirement 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.

 

OPM Medical Disability Retirement: Effectiveness

What does it mean, to be “effective”?   The dictionary definition will always include some synchronicity between “outcome” and “desired result”, but can one still be effective if one falls short of the goal desired?

If a football team goes through an entire season with a perfect record, but loses in the first round of the playoffs, has it failed to achieve its mission of “effectiveness”?   Similarly, if an up-and-coming company places a milestone-goal of 1 Billion Dollars in sales by year’s end, but misses its mark just shy of it, has it failed to be “effective”?

One may, of course, conclude that such analogies don’t always apply, as it often depends as to whether or not the goal itself is an “all or nothing” desired end, as opposed to a spectrum upon which success or failure depends and where there are varying degrees of differences which may result in a wide range of relativity.

For Federal Gov. employees and U.S. Postal workers who suffer from a disability, and where “effectiveness” is first gauged by looking at whether or not you can perform all of the basic elements of your job despite your ongoing medical conditions, the consideration as to whether it is time to initiate the process of filing for Federal Disability Retirement benefits under FERS, must in the end depend upon multiple factors.

Are you becoming deficient in performance?  Have there been any “conduct” issues?  Is your attendance becoming less than satisfactory?  Do you have a doctor who is willing to support your case?

In the end, “effectiveness” in a Federal Disability Retirement application has only one (1) desired result:  An approval from the U.S. Office of Personnel Management, under the FERS system.

In order to reach that desired result, contact a FERS Retirement Attorney who specializes in Federal Medical Retirement Law and let the synchronicity between “outcome” (an approval from OPM) and the “desired result” (early retirement based upon your medical condition) meet without a gap in between.

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 Law: The Exponent

In math, it is the symbol indicating the operation of raising from the base.  In modernity, it is the quickened pace of the life we live, beyond the scope of our own humble efforts to control.  In reality, most of life passes by within a whirlwind of work and sleep, with small interludes of memorable pieces of times spent otherwise.

Sanity is challenged exponentially; stress has increased exponentially; the lights, the sounds, the constant noise from the streets — all, a greater volume of exponential capacity beyond what the human ear can sustain, resist or otherwise bear.

Have our bodies and minds kept up — exponentially — with the increase of the world around us?  Or, do we remain within the evolutionary accident of the slow but steady adaptive genes trying to allow for the natural law of “survival of the fittest” to catch up, all the while merely remaining where we were tens of thousands of years ago — of the exponent of “1”?

Federal Disability Retirement is a law which recognizes the incompatibility between the medical condition — an exponent of many — as against the type of duties required of a position.  Incompatibility occurs when the medical condition(s) suffered are no longer compatible with continuing in a position where the various elements of the position can no longer be satisfied.  It is based upon the identical principle as the exponent — the contrast between what is required in modernity as opposed to the capacity of the human mind and body.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal worker to continue in his or her career or job because of the incompatibility between the medical condition and the position/job, consider that the exponential incompatibility between the chronic medical condition and the positional requirements may be the basis for preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Contact a FERS Disability Attorney who specializes in Federal Disability Retirement Law and consider increasing the chances of an approval of your Federal Disability Retirement application by hiring a Federal lawyer who specializes in the practices area of OPM Disability Retirement Law, thereby increasing that symbol indicating the operation from the base — the exponent — resulting in a successful approval.

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 Bridge to Empathy

It is always dangerous to criticize a movie which has garnered international acclaim; for, being a lone voice can always be dismissed as merely another “disgruntled viewpoint” stemming from problems relegated to an unattractive personality.  After all, if a film wins an Oscar, isn’t that evidence enough to refute any criticism — valid or not?

There were, in this author’s humble opinion, many problems: Too long; the subtitles removed one from being able to have that “direct connection” with the characters; and much of it was too formulaic.  Perhaps, if one was fluent in the language and needn’t have bothered with the subtitles, the bridge to empathy would more easily have been attained.

You will note, of course, that the identity of the movie has not been explicitly stated; but, of course, there are enough hints to reveal to the reader by indirect references, or otherwise known as “hints”.

Here are some more: Murakami may finally win his coveted Nobel Prize for Literature — not for his writing, but for the film which became so popular; and while the play on the name, “Kafuku” may be a clever reference to “Kafka” and the further implications to The Metamorphosis, this type of formulaic confessional therapy-movie fails to achieve that which was intended:  The formulation and construction of the bridge to empathy.

For Federal employees and U.S. Postal workers who are intending upon preparing, formulating and filing an effective Federal Disability Retirement application under FERS through the U.S. Office of Personnel Management, there is a lesson to be learned from the Oscar-winning film we are leaving unnamed: The Bridge to Empathy cannot be some formulaic device we presumptuously rely upon; rather, the evidence to be presented must be well-conceived and “real”, and not based upon an artifice of tear-jerking devices meant to play upon our emotions.

Fortunately, for Federal and Postal employees submitting a Federal Disability Retirement application under FERS to OPM, there is something beyond mere formulaic empathy to rely upon in expecting an approval from OPM: The Law.  And, in the end, “the Law” is a much more powerful and effective device than the bridge to empathy built upon formulaic devices, which can, in the end, be both unpredictable and unreliable.

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.